Ngāti Tūwharetoa Claims Settlement Act 2018

1: Title
This Act is the Ngāti Tūwharetoa Claims Settlement Act 2018.
2: Commencement
1: This Act, other than sections 92 to 94
2: Sections 92 to 94
3: 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(2) brought into force 26 April 2021 clause 2 Ngāti Tūwharetoa Claims Settlement Act Commencement Order 2021 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary matters, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record in English the acknowledgements given by the Crown to Ngāti Tūwharetoa in the deed of settlement; and
b: to record in English and te reo Māori the apology given by the Crown to Ngāti Tūwharetoa in the deed of settlement; and
c: to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Tūwharetoa.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date; or
b: a power to be exercised under the provision on that date; or
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: This Part—
a: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Tūwharetoa, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Ngāti Tūwharetoa and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for—
i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: a consequential amendment to the Treaty of Waitangi Act 1975; and
iii: the effect of the settlement on certain memorials; and
iv: the exclusion of the law against perpetuities; and
v: access to the deed of settlement.
3: Part 2
a: cultural redress that does not involve the vesting of land, namely,—
i: protocols for Crown minerals, primary industries, and taonga tūturu on the terms set out in the documents schedule; and
ii: statutory acknowledgements by the Crown of the statements made by Ngāti Tūwharetoa of their cultural, historical, spiritual, and traditional association with certain statutory areas and their geothermal resource and the effect of those acknowledgements; and
iii: an overlay classification applying to certain sites; and
iv: the provision of official geographic names; and
b: cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties.
4: Part 3
a: in subpart 1
b: in subpart 2
c: in subpart 3
d: in subpart 4 RFR
5: Part 4
a: the establishment of Te Kōpua Kānapanapa and its functions in relation to the Taupo Catchment and related matters; and
b: the purpose of Te Kaupapa Kaitiaki and the obligations of local authorities and the Environmental Protection Authority in relation to Te Kaupapa Kaitiaki; and
c: an ability for Te Kōpua Kānapanapa to establish a register of hearing commissioners for the purposes of certain resource consent applications; and
d: 2 additional appointments to the membership of the Rangitaiki River Forum; and
e: the trustees of Te Kotahitanga o Ngāti Tūwharetoa to replace the Ngāti Tūwharetoa Forum Trust as tangata whenua appointers to the Hawke’s Bay Regional Planning Committee; and
f: the management and custody of taonga tūturu that is found within the Accord area and identified as being of Ngāti Tūwharetoa in origin; and
g: the role of the trustees and the Director-General in relation to conservation management strategies for areas that are part of the Manaaki Whenua Tūwharetoa; and
h: changes to the membership of the Conservation Board whose area of jurisdiction includes the Tongariro National Park; and
i: particular redress relating to the Trout Centre property.
6: Part 5
7: There are 6 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4
e: Schedule 5
f: Schedule 6 Summary of historical account, acknowledgements, and apology of the Crown
7: Summary of historical account, acknowledgements, and apology
1: Section 8
2: Section 9
3: Section 10
4: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Summary of historical account
1: Before 1860, Ngāti Tūwharetoa actively opposed Crown purchase negotiations for land in their rohe. Following the invasion of Crown forces in the Waikato in 1863, Ngāti Tūwharetoa were drawn into the fighting because of their whakapapa connections and allegiance to the Kīngitanga. The war marked the beginning of widespread disruption to the social, political, and economic structures of Ngāti Tūwharetoa life. A number of Ngāti Tūwharetoa people lost their lives in these battles.
2: In the 1860s, the Crown introduced a series of native land laws, which provided for the individualisation of Māori land holdings that had previously been held in tribal tenure. This induced profound change to systems of Māori customary land tenure, and contributed to the alienation of Ngāti Tūwharetoa whenua by undermining tribal control over their land. Crown purchasing of Ngāti Tūwharetoa land also began in the 1860s and became increasingly intensive through the 1870s and 1880s. By 1900, the Crown had acquired more than 430 000 acres of Ngāti Tūwharetoa land. Today, much of this land remains in Crown ownership and forms large portions of the public conservation estate.
3: In the 1880s, the Crown sought to establish a national park around Tongariro Maunga. In 1887, Horonuku Te Heuheu Tukino IV made a tuku of the 3 volcanic peaks to protect and preserve the mountains for Ngāti Tūwharetoa, other iwi, and all New Zealanders. The Ariki’s intention was to enter into a partnership with the Queen; however, legal ownership of the mountain peaks was vested solely in the Crown, which began a process whereby Ngāti Tūwharetoa’s authority over the taonga in the Tongariro National Park has been greatly reduced.
4: From the 1890s, trout and other exotic fish were introduced into Lake Taupo and the waterways of Tongariro, which significantly depleted indigenous fresh-water fish species and forced Ngāti Tūwharetoa to rely on introduced fish species for food, hospitality, trade, and koha. In 1926, the Crown acquired the beds of Lake Taupo and its tributaries, which it held for 66 years before they were returned to Ngāti Tūwharetoa in 1992.
5: Throughout the 20th century, the Crown’s prolonged imposition of orders against private alienation of lands owned by Ngāti Tūwharetoa locked up much of the iwi’s land and resources (particularly indigenous timber), and precluded the iwi from developing these assets.
6: Since the 1870s, the Crown took Ngāti Tūwharetoa land for a variety of public works, many of which disrupted or uprooted their communities. Many of these public works have been of considerable benefit to the people of New Zealand but have polluted, destroyed, or irreparably harmed many of the natural resources within Ngāti Tūwharetoa’s rohe. For example, in 1941 the Crown installed control gates on the Waikato River at the outlet from Lake Taupo, which flooded Ngāti Tūwharetoa land and destroyed many cultural and geothermal taonga. Between 1964 and 1984, the Crown constructed a hydro-electric power scheme around the Tongariro Maunga, which radically re-engineered the natural waterways of the volcanic plateau and has had wide-ranging and deeply felt impacts upon Ngāti Tūwharetoa. The Crown’s use of Lake Rotoaira as a storage reservoir for the scheme resulted in its substantial ecological destruction.
7: Economic marginalisation, unemployment, and underdevelopment have contributed to the extensive outward migration of Ngāti Tūwharetoa peoples as they have left their rohe in search of opportunities elsewhere. He kupu whakawhāiti i te horopaki o ngā kōrero neherā mō te kokoraho a Ngāti Tūwharetoa
1: Nō mua i te tau 1860 i aukati a Ngāti Tūwharetoā i ngā hiahia a te Karauna ki te hoko mai i ngā whenua o taua rohe. Mai i te urutomo a nga hōia a te Karauna ki Waikato i te tau 1863, ka tōia mai a Ngāti Tūwharetoa ki roto i taua pakanga, he whakapapa piritata nō rātou ki te Kīngitanga. Ka tohua e taua pakanga te tīmatatanga o te mahi whakapōrearea ki te hapori, ki te tōrangapū, ki te tikanga ohaoha hoki o Ngāti Tūwharetoa. He nui ngā tūpuna o Ngāti Tūwharetoa i hinga ai i aua pakanga.
2: Nō ngā tau 1860, nā te Karauna nāna i whakatō i ētahi ture whenua Māori, nā whai anō i wehewehetia ai aua whenua Māori, ka mahue te tikanga o mua mā te iwi e tiaki. Nā reira i panonitia ai te tikanga Māori e pā ana ki te whenua Māori, nā whai anō i mōriroriro atu ai a Ngāti Tūwharetoa i ōna whenua, ka whakahawea i te mana whakahaere a te iwi. Nō te tau 1860 tīmatahia ai te hoko a te Karauna i ngā whēnua o Ngāti Tūwharetoa ka piki atu te rironga mai i ngā tau 1870 me 1880. Nō te tau 1900, ka riro atu ai ngā whenua neke atu i te 430 000 eka o ngā whenua o Ngāti Tūwharetoa. I ēnei rā, ko te nuinga o ngā whenua kei roto tonu i ngā ringaringa o te Karauna e whakakapi ana i ngā whenua rāhui o Te Karauna.
3: Nō ngā tau 1880, ka kimihia atu e te Karauna he tikanga hou kia whakatūria ake ai he rāhui whenua mō te maunga o Tongariro. Nō te tau 1887, nā Te Heuheu Horonuku, arā, nā Tūkino te tuarima, nāna tonu ngā tihi tapu o te kāhui maunga ko Tongariro ko Ruapehu me Ngaruahoe i tuku hei whenua rāhui e puritia ai te mana tiaki o Ngāti Tūwharetoa mō ngā iwi katoa o Aotearoa. Ko te whakaaro nui a Te Ariki, kia tino tūhono atu ai ki te Kuini o Ingarangi heoi anō i tukua te mana whakahaere ki te Karauna, nā reira i tīmatahia ai tētahi tikanga whakaheke i te mana o Ngāti Tūwharetoa ki te whenua rāhui e pā ana ki te kāhui maunga.
4: Nō ngā tau 1890, ka whakaurua atu ai ngā momo ika he taraute, me ētahi atu ika rāwaho ki roto i te moana o Taupō, me ngā awa o Tongariro, ka mutu, ka patua ngā momo ika māori tūturu nō ngā wai hōhonu, ka huri ngā tūpuna ki te manaaki manuhiri ki ngā marae ki ngā ika rāwaho hei kai, hei tauhokohoko, hei takoha hoki. Nō te tau 1926, ka riro te takere o te moana o Taupō me ōna manga hoki, waihoki i puritia ake ai e te Karauna, nō te tau 1992 ka whakahokia atu ki Ngāti Tūwharetoa.
5: Hei ngā tau maha o te rautau rua tekau, ko ngā herenga a te Karauna nāna i aukati i ngā whenua tūpuna o Ngāti Tūwharetoa ka taiapatia ai aua whenua aua rākau ngahere hoki ka mauheretia ngā ringaringa o te iwi kia kore ai e whakatupuria ake ai aua rawa whenua.
6: Mai i ngā tau 1870, nā te Karauna i muru ai ngā whenua o Ngāti Tūwharetoa mō ngā mahi a te hapori, ka mutu ka raru te iwi ka mahue te noho ka haere atu, ka ngaro aua hapori rā. Te tini o ēnei kaupapa tumatanui, nā whai anō, i tino whai painga ngā iwi katoa o Aotearoa, waihoki ka whakaparua, ka whakamatea, ka whakahāweatia ngā āhuatanga o ngā waiariki me ngā ngāwhā ki roto i te rohe o Ngāti Tūwharetoa. Hei tauira ake nō te tau 1941, ka hangaia mai e te Karauna he tatau ki Nukuhau ki Taupō ki te putanga mai o ngā wai o Taupō ki te awa tonu o Waikato. Nā reira i waipuketia ai ngā whenua o Ngāti Tūwharetoa, ka tūkinotia ai ngā taonga ngā waiariki me ngā ngāwhā hoki. Ki waenganui i ngā tau 1964 me 1984, nā te Karauna i hanga mai he wharehiko ā-awa huri noa i te rekereke o Tongariro Maunga, nāna i tino panonitia ai te huarahi o ngā awa me ngā manga i ngā māniaroa o te koraha o Rangipō. Ka nui te pānga o ēnei āhuatanga hou ki te iwi whānui o Ngāti Tūwharetoa. Ko tā te Karauna he whakamahi i te moana o Rotoaira hei mātāpuna wai, nā reira i tūkinotia ai te taiao o taua moana.
7: Nā te whakaiti i te tikanga ohaoha a te iwi, me te kore whai mahi ki aua takiwā, nā te kore tipu o ngā pākihi kei aua hapori ko tōna mutunga iho ka mahue te noho, ka wehe atu rātou i ngā rohe o Ngāti Tūwharetoa. Ka haere ki wāhi kē, rapu huarahi hou hei oranga mō rātou.
9: Acknowledgements
1: The Crown recognises that every generation of Ngāti Tūwharetoa since 1840 has been adversely affected by the Crown’s failure to uphold its obligations under te Tiriti o Waitangi/the Treaty of Waitangi Treaty of Waitangi/te Tiriti o Waitangi
2: The Crown acknowledges that Ngāti Tūwharetoa Ariki Mananui Te Heuheu Tukino II refused to sign te Tiriti o Waitangi/the Treaty of Waitangi Pre-1865 Crown purchasing
3: The Crown acknowledges that—
a: it included land within the boundary of the 1851 Ahuriri purchase in which Ngāti Tūwharetoa had interests, without obtaining any Ngāti Tūwharetoa consent to this transaction; and
b: it did not pay Ngāti Tūwharetoa for this land until after the Crown had represented this transaction as a completed purchase; and
c: this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi Warfare
4: The Crown acknowledges that,—
a: following the invasion of its armed forces in the Waikato in 1863, some hapū of Ngāti Tūwharetoa were drawn into the fighting because of their whakapapa connections and allegiance to the Kīngitanga; and
b: members of Ngāti Tūwharetoa were wounded and killed during the siege and battle at Orakau in 1864, and the loss of these tribal leaders created a profound sense of grief for Ngāti Tūwharetoa, which is still felt to this day.
5: The Crown acknowledges that the Ngāti Tūwharetoa rangatira Maniapoto and Te Rangitahau, who had whakapapa links to a number of neighbouring iwi and hapū, were caught up in the Crown’s unjustified attack on Ōmarunui in 1866. Te Rangitahau was detained on the Chatham Islands without trial and in harsh conditions for nearly 2 years. These actions were unjust and a breach of te Tiriti o Waitangi/the Treaty of Waitangi
6: The Crown acknowledges that—
a: its military forces partook in looting at Tokaanu in the aftermath of the fighting at Tauranga-Taupo and Tokaanu in 1869, and engaged in tactics that damaged and depleted some of Ngāti Tūwharetoa’s kāinga and cultivations; and
b: a number of Ngāti Tūwharetoa lost their lives during the battle at Te Pōrere in 1869; and
c: it constrained the movement of Horonuku Te Heuheu Tukino IV and his whānau at Pākōwhai in Napier from October 1869 to July 1870, where he was kept under the surveillance of Hawke’s Bay chiefs following his surrender after his involvement alongside Te Kooti in the battle of Te Pōrere; and
d: after fighting had ended, some of its military forces engaged in looting in Tapuaeharuru, and in one instance of profound disrespect, exhumed the bones of a Māori chief while seeking taonga from his grave.
7: The Crown acknowledges that the wars of the 1860s disrupted the social, political, and economic patterns of Ngāti Tūwharetoa. Raupatu
8: The Crown acknowledges that—
a: between 1867 and 1870 it compulsorily extinguished Ngāti Tūwharetoa customary interests within the Mohaka-Waikare confiscation district; and
b: legislation was not amended until the 1920s to enable the Native Land Court to investigate, and ultimately award, Ngāti Tūwharetoa interests at the Te Matai No. 2 block; and
c: it never returned the other land in the confiscation district in which Ngāti Tūwharetoa held customary interests; and
d: its extinguishment of Ngāti Tūwharetoa’s customary interests and retention of some of this land breached te Tiriti o Waitangi/the Treaty of Waitangi
9: The Crown acknowledges that it unjustly excluded Ngāti Tūwharetoa from the title it awarded for Tarawera when it returned this land to individual Māori following the Mohaka-Waikare confiscation. Although some Ngāti Tūwharetoa were awarded interests in Tarawera in 1924 after the Crown wrongly concluded that the block was outside the boundaries of the confiscation, the Crown took steps in 1952 to restore the pre-1924 position. The unjust exclusion of Ngāti Tūwharetoa from the ownership of Tarawera was a breach of te Tiriti o Waitangi/the Treaty of Waitangi Native land laws
10: The Crown acknowledges that—
a: it did not consult Ngāti Tūwharetoa before introducing land laws in the 19th century that established the Native Land Court and provided for the individualisation of Māori land holdings that had previously been held in tribal tenure; and
b: it allowed a Native Land Court hearing for Pakaututu to proceed at Napier in 1869 at a time when a number of Ngāti Tūwharetoa refugees had fled their homes to avoid warfare; and
c: between 1865 and 1873 the native land laws provided for legal ownership of Māori land to be awarded to a maximum of 10 individuals who were legally able to treat this land as their property. The native land laws did not prevent the alienation of land awarded under these provisions without the consent of the wider community of owners. This meant the operation of the native land laws did not meet the Crown’s obligations to actively protect Ngāti Tūwharetoa interests and breached te Tiriti o Waitangi/the Treaty of Waitangi
11: The Crown acknowledges Ngāti Tūwharetoa grievances about the impact of the native land system on the Taupōnui-a-Tia block, which the iwi considered their Rohe Pōtae Treaty of Waitangi
12: The Crown acknowledges that the native land laws failed to offer an effective form of tribal title to facilitate Ngāti Tūwharetoa’s tribal control over their lands until 1894, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
13: The Crown acknowledges that the individualised titles obtained from Native Land Court processes for Taupōnui-a-Tia and other blocks made Ngāti Tūwharetoa lands more susceptible to partition, fragmentation, and alienation, and this led to the erosion of Ngāti Tūwharetoa’s tribal structures. The Crown’s failure to protect these structures was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 19th century Crown purchasing
14: The Crown acknowledges that the combined effect of it—
a: paying advances of rent to secure Ngāti Tūwharetoa agreement to lease land blocks before the Native Land Court had determined the ownership of these blocks, or before the Court had resolved defects in titles it had previously determined; and
b: declining to pay regular rentals until after the Native Land Court had determined ownership of these blocks or resolved defects in their titles; and
c: preventing Ngāti Tūwharetoa from securing the titles they needed to receive regular rentals for a number of years by suspending the operation of the Native Land Court between 1873 and 1877; and
d: imposing monopoly powers which prevented Ngāti Tūwharetoa from drawing economic benefit from their land while it was subject to Crown negotiations; and
e: withdrawing from the lease arrangements after 1877, and refusing to lift its monopoly powers until after Ngāti Tūwharetoa had repaid the Crown’s initial advances of rent; and
f: meant that the Crown purchased land from Ngāti Tūwharetoa that they would have preferred to lease, and that the Crown’s unreasonable approach to negotiations breached te Tiriti o Waitangi/the Treaty of Waitangi
15: The Crown acknowledges that the large quantity of land the Crown acquired for settlement from Ngāti Tūwharetoa included sites of particular significance to the iwi that were never used for settlement and now form part of the public conservation estate. Wharewaka
16: The Crown acknowledges that it failed to honour an agreement to reserve an important fishing site at Wharewaka when it purchased Tauhara Middle Block in 1875, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi Tongariro and Tongariro National Park
17: The Crown acknowledges the profound significance of Tongariro Maunga to Ngāti Tūwharetoa. The Crown also acknowledges that through his tuku in 1887, Horonuku Te Heuheu Tukino IV sought to create a shared responsibility with the Crown to protect and preserve the mountains for Ngāti Tūwharetoa, for other iwi, and for all New Zealanders. The Crown further acknowledges that—
a: Horonuku intended to retain Ngāti Tūwharetoa’s mana in relation to the maunga by entering into a partnership with the Queen, and not to make an unconditional gift; however, legal ownership of the mountains was vested solely in the Crown and it has not always honoured its reciprocal obligations; and
b: this began a process whereby Ngāti Tūwharetoa’s authority over the taonga and their ability to exercise their kaitiakitanga has been greatly reduced. In particular, the Crown acknowledges that legislation for the governance of Tongariro National Park failed to maintain a regime that reflected the spirit of the 1887 tuku by—
i: excessively diluting the role of Ngāti Tūwharetoa in the administration of Tongariro National Park by appointing increasing numbers of non-Māori members to the Tongariro National Park Board; and
ii: unilaterally abolishing Tūreiti Te Heuheu Tukino V’s trusteeship on the Board between 1914 and 1922; and
iii: this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
c: it failed to fulfil the requests Horonuku Te Heuheu made in 1887 that the Crown facilitate the removal of Mananui Te Heuheu Tukino II’s remains from Tongariro Maunga, and erect a memorial to Mananui Te Heuheu. These failures were inconsistent with the Crown’s duty to act in good faith, and were a breach of te Tiriti o Waitangi/the Treaty of Waitangi
18: The Crown acknowledges that changes to the natural environment through commercial development and the introduction of exotic species have caused great distress to Ngāti Tūwharetoa because they are unable to exercise their kaitiakitanga to safeguard the tapu of the taonga within the Tongariro National Park from physical and cultural degradation.
19: The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi Ketetahi Springs
20: The Crown acknowledges the spiritual importance of the Ketetahi Springs to Ngāti Tūwharetoa, and that—
a: the certificate of title for the Ketetahi Springs block did not accurately reflect the area identified by the owners to be reserved from the Tongariro No. 1C block and the Tongariro National Park, and took many decades to remedy; and
b: until as late as 1958, the Crown pursued the purchase of Ketetahi Springs despite the clear intention of its Ngāti Tūwharetoa owners to retain the whole of the Springs in private ownership; and
c: the Tongariro Alpine Crossing Track was constructed across the Ketetahi Springs block, and tourists have trespassed on Ngāti Tūwharetoa’s privately held property; and
d: all of these actions have been a source of grievance and distress for Ngāti Tūwharetoa. Tokaanu Native Township
21: The Crown acknowledges that—
a: it compulsorily took 135 acres, including Maunganamu and Mārakerake Springs, for use as roads and public reserves in Tokaanu Township under the provisions of the Native Townships Act 1895
b: it converted a number of leases of Ngāti Tūwharetoa-owned land at Tokaanu to perpetual leases without the consent of Ngāti Tūwharetoa; and
c: much of it was flooded after hydro-electric power developments in the 1940s, and parts of it were transformed into a swamp of no economic value; and
d: its attempt to establish the township was a failure.
22: The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi 20th century purchasing
23: The Crown acknowledges that its approach to land purchase negotiations caused Ngāti Tūwharetoa to lose development opportunities because the Crown imposed monopoly powers for a number of years over land that many Ngāti Tūwharetoa owners had no interest in selling. In particular, the Crown acknowledges that its approach to land purchase negotiations did not live up to the standards of good faith required of the Crown under the Treaty and its principles when—
a: it made a sham of provisions in the native land legislation that provided for collective decision making about land alienations by meetings of the assembled owners when it purchased individual interests in Ngāti Tūwharetoa land blocks after meetings of the assembled owners had rejected Crown offers; and
b: it unreasonably maintained monopoly powers for long periods of time over large areas of land that became the Pihanga Scenic Reserve, despite the Ngāti Tūwharetoa owners having shown no interest in selling these lands; and
c: its maintenance of monopoly powers over the Pīhanga lands led to the gift of Mount Pihanga, a sacred taonga and tupuna wahine of Ngāti Tūwharetoa. Trout
24: The Crown acknowledges that it facilitated the introduction of trout into Lake Taupo (Taupomoana) and the waterways of Tongariro, significantly depleting the indigenous freshwater fish species, a vital resource upon which Ngāti Tūwharetoa depended for food, hospitality, trade, and koha.
25: The Crown further acknowledges the distress felt by Ngāti Tūwharetoa because they are no longer able to fully exercise their customary fishing rights. Tongariro Timber Company
26: The Crown acknowledges that—
a: Ngāti Tūwharetoa regarded the indigenous timber industry as a significant economic opportunity that allowed the retention of land whilst providing capital for economic development. Ngāti Tūwharetoa actively sought to establish a sawmilling venture, the Tongariro Timber Company, to provide employment and long-term development opportunities for their hapū and communities; and
b: following the Crown’s change to the specifications required for the proposed Tongariro Timber Company rail line in 1921, investors were discouraged from investing in the venture, which contributed to the ultimate failure of the Company; and
c: without consulting Ngāti Tūwharetoa, the Crown passed legislation requiring the land owners to pay the Egmont Box Company the sum of £23,500, even though there were doubts as to the extent of the owners' legal liability for the company's losses, and this led Te Ariki Hoani Te Heuheu Tūkino VI to take unsuccessful legal proceedings to the Privy Council at great cost to the iwi; and
d: many Ngāti Tūwharetoa families and communities suffered severe socio-economic hardship and deprivation as a consequence of the Tongariro Timber Company’s failure and the loss of anticipated development opportunities. 1926 acquisition of Lake Taupo (Taupomoana)
27: The Crown acknowledges Ngāti Tūwharetoa’s sense of grievance arising from—
a: the Crown’s acquisition of the beds of Lake Taupo (Taupomoana) and its tributaries and the Waikato River (from Lake Taupo to, and including, the Huka Falls) in 1926, and the right to use the waters; and
b: the Crown’s ownership of the beds of Lake Taupo (Taupomoana) and its tributaries and the Waikato River (from Lake Taupo to, and including, the Huka Falls) for 66 years before they were returned to Ngāti Tūwharetoa and its hapū in 1992. Public works takings
28: The Crown acknowledges that it used statutory powers more than 700 times to compulsorily acquire nearly 23 000 acres of Ngāti Tūwharetoa land between 1870 and 1992, including for defence purposes and hydro-electric power generation schemes. In some cases, the Crown did not pay compensation, or only did so after a long delay. The Crown further acknowledges that it did not always return land to Ngāti Tūwharetoa once it had become surplus to the Crown’s requirements. Land development schemes
29: The Crown acknowledges that some of the Māori land development schemes instituted in the central North Island for the benefit of Ngāti Tūwharetoa did not provide the economic opportunities and benefits that Ngāti Tūwharetoa expected, and that their operation deprived Ngāti Tūwharetoa of the effective control of their lands for many decades. Waikato Hydro-electric Power Scheme
30: The Crown acknowledges—
a: that the people of New Zealand have benefited from the installation of the control gates at the head of the Waikato River on Lake Taupo (Taupomoana)’s northern shores, the use of the lake as a reservoir, and the establishment of dams and hydro-electric power stations along the Waikato River; and
b: Ngāti Tūwharetoa’s distress over the construction of the control gates, which led to the dredging of the lake bar and the excavation of a channel parallel to the original river, and forever altered the landscape and hydrology at Nukuhau; and
c: that from 1941 to 1947 the control gates kept Lake Taupo (Taupomoana)’s waters at a sustained high level, and they were held at unseasonably high levels until 1987, which inundated some of the land surrounding the lake, as well as geothermal taonga and caves housing Ngāti Tūwharetoa kōiwi; and
d: as a result of Lake Taupo (Taupomoana)’s higher water level, many Ngāti Tūwharetoa taonga, wāhi tapu, burial caves, puna, beaches, papakāinga, geothermal springs used for bathing and cooking, fishing rocks and farm land located alongside or in the lake and its tributaries were damaged or submerged, and at Waihi, the marae was flooded, the coastline reduced, and puia damaged; and
e: in the 1960s, during the construction of the Aratiatia Power Station, the Crown used 30 acres of fertile land known as the Cherry Grove as a muck disposal area
f: these lake-level fluctuations had an adverse impact upon Ngāti Tūwharetoa’s economic well-being, and cultural and spiritual values. Kawerau pulp and paper mill
31: The Crown acknowledges that—
a: the freshwater spring Te Wai Ū o Tūwharetoa is a wāhi tapu and a significant mahinga kai and geothermal resource for Ngāti Tūwharetoa Te Atua Reretahi who consider it to be the life-giving water that fed Tūwharetoa as an infant. The relationship of the iwi with, and respect for, Te Wai Ū o Tūwharetoa gives rise to their responsibilities to protect the mana (authority) and mauri (life force) of the spring; and
b: the nearby site of Waitahanui pā and urupā are also wāhi tapu for the iwi. Ngāti Tūwharetoa consider all these taonga, along with Lake Rotoitipaku, to be inextricably linked because of their association with the eponymous ancestor Tūwharetoa; and
c: Waitahanui pā and urupā and Lake Rotoitipaku were sited on the land blocks that the Tasman Pulp and Paper Company leased for the pulp and paper mill’s effluent disposal in the 1970s. Since their lease to the company, significant contamination has occurred to the site, causing a sense of anguish and grievance for Ngāti Tūwharetoa Te Atua Reretahi that is still felt today; and
d: the loss of control over their lands while they were under trusteeship and subject to the lease has prejudiced Ngāti Tūwharetoa Te Atua Reretahi, and impeded their ability to exercise control over their taonga and wāhi tapu and maintain and foster spiritual connections to their ancestral lands; and
e: the Crown failed to adequately protect significant taonga and wāhi tapu of Ngāti Tūwharetoa ki Kawerau from pollution when other reasonably practicable alternatives were available to mitigate against pollution. This Crown failure was in breach of te Tiriti o Waitangi/the Treaty of Waitangi Waimarino River/Korohe Marae
32: The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi Tongariro Power Development Scheme
33: The Crown acknowledges that the waterways and lakes of the volcanic plateau, particularly Te Moana o Rotoaira (Lake Rotoaira), in the Tongariro Power Development Scheme have made a significant and valuable contribution to the wealth and development of the New Zealand nation, but that many of the scheme’s benefits have come at great cost to those Ngāti Tūwharetoa hapū who whakapapa to Lake Rotoaira and depend upon it for physical and spiritual sustenance. The scheme has radically re-engineered the natural waterways of the volcanic plateau, and its impacts have been wide-ranging and deeply felt by Ngāti Tūwharetoa.
34: The Crown acknowledges that—
a: some of the waterways and lakes of the volcanic plateau have suffered environmental degradation, and that the populations and health of some native species of flora and fauna have diminished as a result; and
b: the diversion of water through Lake Rotoaira as part of the Tongariro Power Development Scheme dramatically changed the flow of water in the Tongariro River and the volume of water held in Lake Rotoaira, and resulted in the environmental degradation of the lake’s ecology, water quality, and fisheries; and
c: the merging of waters in Lake Rotoaira is considered by Ngāti Tūwharetoa to be inconsistent with the mauri of the waterways of Tongariro Maunga; and
d: the environmental degradation of Lake Rotoaira, and the disruption to the water quality and ecology of many of the waterways involved in the Tongariro Power Development Scheme has been, and remains, a source of profound distress to Ngāti Tūwharetoa.
35: The Crown acknowledges that the construction and operation of the Tongariro Power Development Scheme—
a: has had a destructive impact on the cultural and spiritual well-being of Ngāti Tūwharetoa; and
b: has mixed the waterways of Tongariro Maunga with one another, and is considered by Ngāti Tūwharetoa to be inconsistent with the mauri of those waters; and
c: has caused distress and remains a significant grievance for Ngāti Tūwharetoa.
36: The Crown acknowledges that the excavation of the Tokaanu Tailrace destroyed Te Waiariki pā and urupā, and māra (gardens). Otukou and Huimako Bluff
37: The Crown acknowledges that its blasting at Huimako Bluff destroyed Ngāti Hikairo kōiwi and wāhi tapu and caused profound anguish for Ngāti Hikairo. The Crown further acknowledges the distress caused by the relocation of the Te Ūpoko-ō-Taitaia papa kāinga to Pāpākai as a result of the quarrying work.
38: The Crown acknowledges that it failed to compensate the Ngāti Hikairo owners for the value of the materials taken from Huimako Bluff after a court decision, in relation to another taking, indicated the Crown’s compensation policy was unlawful, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi Lake Rotoaira
39: The Crown acknowledges that—
a: it did not conduct all aspects of negotiations between 1964 and 1972 for the establishment of the Tongariro Power Development Scheme in a manner that reached the standards expected of good faith negotiations; and
b: it failed to actively protect Ngāti Tūwharetoa’s interests when it entered into the 1972 Lake Rotoaira Trust Deed, which exempted it from paying compensation for damage to the lake and its fishery, despite being aware that the Tongariro Power Development Scheme would detrimentally impact the lake; and
c: it did not prevent or mitigate the Tongariro Power Development Scheme’s destructive ecological impact upon Lake Rotoaira, with the result that its owners were unable to derive an income from its fishery; and
d: these failures were breaches of te Tiriti o Waitangi/the Treaty of Waitangi Taupo Basin Reserves Scheme
40: The Crown acknowledges that the Taupo Basin Reserves Scheme hindered the development of a significant amount of Ngāti Tūwharetoa’s land around Lake Taupo (Taupomoana) for around 20 years in order to conserve the water quality of the lake. Geothermal taonga
41: The Crown acknowledges that the geothermal resource is a taonga of immeasurable spiritual and cultural importance to Ngāti Tūwharetoa, and that many of the geothermal features that lie within Ngāti Tūwharetoa’s rohe were central to their traditional way of life.
42: The Crown acknowledges that many of the geothermal features that lie within Ngāti Tūwharetoa’s rohe are of immeasurable importance to the iwi, and that many treasured geothermal sites have been polluted or destroyed, including—
a: Wairākei, where the construction of the Wairākei Power Station resulted in profound negative disruption and damage to the Wairākei geothermal field, which has resulted in extreme distress for Ngāti Tūwharetoa; and
b: the Ōnekeneke Valley, where thermal springs have been significantly degraded as a result of urban and commercial development and the construction of the Wairākei Power Station, and the Waipahihi geothermal stream is no longer able to sustain the needs of the Waipahihi marae and is a significant grievance for Ngāti Tūwharetoa; and
c: the Tokaanu-Waihi-Hipaua geothermal field, where the raising of Lake Taupo (Taupomoana)’s water levels in the 1940s flooded, diluted, or saturated many significant geothermal springs along the shore of the lake, rendering some inaccessible, and changing the chemistry and temperature of others; and
d: the Crown further acknowledges that the pollution and destruction of many of these geothermal features has also irreparably harmed their inherent mauri, and remains a source of profound anguish and grievance for Ngāti Tūwharetoa. Contribution to New Zealand
43: The Crown acknowledges that the taonga of Ngāti Tūwharetoa have been of considerable benefit to the people of New Zealand, and that Ngāti Tūwharetoa have made a significant contribution to the New Zealand nation through the leadership of Te Whare o Te Heuheu on the national and international stage.
10: Apology
The text of the apology offered by the Crown to Ngāti Tūwharetoa, as set out in the deed of settlement, is as follows:
“(a): To the resilient iwi that is Ngāti Tūwharetoa, to your Ariki, your beloved tūpuna, your hapū, and your whānau, the Crown offers this long overdue apology: the Crown unreservedly apologises for the ways it has dishonoured its obligations to you under te Tiriti o Waitangi/the Treaty of Waitangi
b: Ngāti Tūwharetoa’s relationship with the Crown is one characterised by your iwi’s generosity of spirit. Time and again, your hapū have shared taonga precious to you for the benefit of your fellow New Zealanders. At other times, the Crown has taken your whenua and your resources from you. The Crown regrets, profoundly, its actions, omissions, and policies that have debilitated Ngāti Tūwharetoa’s social, cultural, spiritual, political, and economic structures. The Crown understands, and is deeply remorseful that, by removing the ability of your whānau and hapū to safeguard your whenua and taonga, your ability to nurture yourselves has been hindered.
c: In particular, the Crown apologises for the grief Ngāti Tūwharetoa feel over the loss of their warriors in wars with the Crown, specifically at Orakau and Te Pōrere.
d: The Crown acknowledges that your great Ariki, Horonuku Te Heuheu Tukino IV, could never unconditionally gift
e: The Crown sincerely apologises for failing to protect Ngāti Tūwharetoa from the partitioning, fragmentation, and alienation of your iwi’s whenua, facilitated by the operation of the Native Land Court. The social, political, and economic upheaval you have suffered as a consequence has led to great economic hardship and lost opportunities for Ngāti Tūwharetoa.
f: The Crown is deeply sorry that the geothermal and hydro-electric power generation schemes it has constructed in your rohe, for the benefit of all New Zealanders, have come at great cost for Ngāti Tūwharetoa. These schemes have caused environmental degradation to the waterways and lakes of the central North Island, which are, to Ngāti Tūwharetoa, akin to veins which sustain the beating heart of Te Ika a Maūi—Lake Taupo (Taupomoana). The Crown is profoundly remorseful that its actions forever changed the character of Lake Rotoaira and its fishery, and denigrated its sacred mauri. The Crown also humbly apologises for the destruction and defilement the construction of these schemes has had upon Ngāti Tūwharetoa’s kōiwi and sacred spaces.
g: Through this settlement, and with this apology, the Crown recognises how your resilience as hapū and as an iwi depends upon your deep connection to the whenua and your desire to protect it. The Crown looks forward to building an enduring relationship of mutual trust and co-operation with Ngāti Tūwharetoa based on te Tiriti o Waitangi/the Treaty of Waitangi He kupu whakapāha mai i te Karauna ki a Ngāti Tūwharetoa
“(a): Ki te iwi rangatira o Ngāti Tūwharetoa, ki te Ariki, ki ō tūpuna, ki ō hapū me tō whānau ka tāpae tōmuri rawa atu tēnei kupu whakapāha, ka tino whakamā te Karauna me te kupu whakapāha mō ngā tūkinotanga me ngā hara ki a koe i raro i te mana o te Tiriti o Wāitangi/the Treaty of Waitangi
b: Ko te whanaungatanga o Ngāti Tūwharetoa ki te Karauna e whakaaturia ana i te wairua mākohakoha a te iwi. Mai rā anō nā ō hapū maha i tohatoha i ngā taonga tapu ki a koe, hei painga mō ngā iwi katoa o Aotearoa. Tērā ētahi wā anō kua murua e te Karauna o whenua, o rawa hoki. E tino whakamā ana te Karauna ki ana nei mahi, ki ngā kaupapa here ki ngā hapū hoki, nāna i rautami i ngā tikanga ā-wairua, ā-hinengaro, ā-hapori, ā-ahurea, ā-tōrangapū, ā-ohaoha ki ngā pūnaha maha. Tino mārama rawa te Karauna tino hinapōuri kau ana mō te āhua o te muru i ēnei tikanga ā-whānau, ā-hapori kia pūmautia ai hei hunga tiaki i ngā taonga me te whenua, otira, hei whakapakari ake ai i te oranga o te iwi.
c: Waihoki e tino kaha ana te whakapāha a te Karauna ki a Ngāti Tūwharetoa mō te matenga o ō koutou tūpuna toa i riro i te mura o te ahi i ngā pakanga ki Ōrākau, ki Te Pōrere hoki.
d: E whakaae ana te Karauna e kore e taea e te Arikinui Horonuku Te Heuheu Tūkino IV te takoha kau atu i ngā tihi tapu o Tongariro, i te mea he taonga tapu tēnei nō te iwi whānui tonu, ko ngā maunga taniwha e titiro iho ana ki ngā iwi, me kī, ko te maunga ko te iwi, ko te iwi anō ko taua maunga tapu. Ka nui te whakamā o te Karauna i tana kore manaaki i ngā tikanga here i te tuku a Horonuku i ngā tihi tapu o Tongariro maunga i te tau 1887, ko tā te Arikinui, he whakarāhui i te tapu o tēnei kāhui maunga.
e: E whakapāha ana anō te Karauna mō te kore tiaki i a Ngāti Tūwharetoa, mō te whakawehewehe, mō te muru raupatu i ngā whenua tūpuna a te iwi, he tinihanga nā Te Kooti Whenua Māori. Nā ēnei āhuatanga kino i pā te taumahatanga ki te hapori, ki ngā mahi torangapu, ki ngā mahi ohaoha hoki, ka mutu ka rongo i te uauatanga o te wā pōhara, ka ngaro ngā painga me ngā rawa i a Ngāti Tūwharetoa.
f: Tino matapōuri ana te Karauna mō ngā rawa o Papatūānuku, arā, ko ngā wharehiko ā-ngāwhā, ko ngā wharehiko ā-awa, kua oti kē te hanga ki tō rohe, hei painga mō ngā tāngata katoa o Aotearoa kāti ake, he utu nui tā Ngāti Tūwharetoa mō ēnei momo whakahaere. Nā ēnei tū kaupapa hanga hiko kua matemate haere ngā awa me ngā roto ki te puku o te whenua e ai ki a Ngāti Tūwharetoa e rite ana ki ngā ia toto e kapakapa ana ki te manawa o Te Ika-a-Māui ki Taupō moana. Tino hōhonu te whakamā o te Karauna mō te tūkinotanga o Rotoaira, me kī e kore nei a muri e hokia, tūturu ake kua rerekē a Rotoaira me ana tini ika, ka mutu kua takahia tōna mauri tapu. Āpiti atu i tēnā, ka tino hūmārie rawa atu te Karauna me tana kupu whakapāha mō te tukinotanga me te whakaparahako e pā ana ki te whakatū ake i ēnei pūnaha, nāna nei i takahi atu ai i ngā kōiwi me ngā wāhi tapu o Ngāti Tūwharetoa.
g: Nā te whakataunga kokoraho me tēnei kupu whakapāha, e tino mōhio ana te Karauna ki te mana whakapūmau a Ngāti Tūwharetoa ki ōna whenua tuku iho. E titiro whakamua ana te Karauna ki tētahi tatau pounamu e mau ana ki te mana me te tapu o Ngāti Tūwharetoa i runga anō i ngā mātāpono o Te Tiriti o Waitangi, me te tautoko atu i te mahi whakarauora i ngā hapū maha o Ngāti Tūwharetoa.” Interpretation
11: 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.
12: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments commercial redress property section 126 Commissioner of Crown Lands section 24AA computer register
a: has the meaning given in section 4
b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) cultural redress property section 68 deed of settlement
a: means the deed of settlement dated 8 July 2017 and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, the Honourable Steven Joyce, Minister of Finance, and the Honourable Te Ururoa Flavell, Minister for Māori Development, for and on behalf of the Crown; and
ii: Sir Tumu Te Heuheu Tūkino VIII, Te Ariki o Ngāti Tūwharetoa, for and on behalf of Ngāti Tūwharetoa; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deferred selection property section 126 Director-General documents schedule effective date historical claims section 14 interest LINZ local authority section 5(1) member of Ngāti Tūwharetoa section 13(2)﻿(b) national park management plan section 2 Ngāti Tūwharetoa section 13 Ngāti Tūwharetoa tikanga overlay classification section 48 property redress schedule Registrar-General section 4 representative entity
a: the trustees; and
b: any person, including any trustee, acting for or on behalf of—
i: the collective group referred to in section 13(2)﻿(b)
ii: 1 or more members of Ngāti Tūwharetoa; or
iii: 1 or more of the hapū, whānau, or groups referred to in section 13(2)﻿(a) reserve section 2(1) reserve property section 68 resource consent section 2(1) RFR subpart 4 RFR area section 141 RFR land section 142 settlement date statutory acknowledgement section 28 taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1) Te Kotahitanga o Ngāti Tūwharetoa tikanga Tongariro Trout Hatchery and Freshwater Ecology Centre Trust
a: must be established before settlement date with its trustees appointed in accordance with clause 7.33.1 of the deed of settlement; and
b: on settlement date will be the administering body of the properties described in sections 104(2) 198(1) trustees of Te Kotahitanga o Ngāti Tūwharetoa trustees working 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:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 12 working 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
13: Meaning of Ngāti Tūwharetoa
1: In this Act, Ngāti Tūwharetoa
2: In this section, te iwi me ngā hapū o Ngāti Tūwharetoa
a: any hapū, whānau, or group to the extent that it is composed of individuals referred to in paragraph (b), including the following hapū:
i: Ngāti Haa:
ii: Ngāti Hikairo:
iii: Ngāti Hine:
iv: Ngāti Hinemihi:
v: Ngāti Hinerau:
vi: Ngāti Hineure:
vii: Ngāti Kurauia:
viii: Ngāti Manunui:
ix: Ngāti Moekino:
x: Ngāti Parekaawa:
xi: Ngāti Rauhoto:
xii: Ngāti Rongomai:
xiii: Ngāti Ruingārangi:
xiv: Ngāti Tarakaiahi:
xv: Ngāti Te Kohera:
xvi: Ngāti Te Maunga:
xvii: Ngāti Te Rangiita:
xviii: Ngāti Te Urunga:
xix: Ngāti Tūrangitukua:
xx: Ngāti Turumākina:
xxi: Ngāti Tūtemohuta:
xxii: Ngāti Tūtetawhā:
xxiii: Ngāti Waewae:
xxiv: Ngāti Wairangi:
xxv: Ngāti Whēro:
xxvi: Te Kapa o Te Rangiita; and
b: the collective group composed of individuals who are descended from a Ngāti Tūwharetoa tupuna; and
c: every individual referred to in paragraph (b); but
d: does not include—
i: Ngāti Tūwharetoa ki Kawerau (Bay of Plenty); or
ii: any member of Ngāti Hineuru who trace descent to Ngāti Tūwharetoa only through the tupuna Hineuru.
3: In this section and section 14 area of interest customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with Ngāti Tūwharetoa tikanga Ngāti Tūwharetoa tupuna
a: exercised customary rights by virtue of being descended from—
i: Ngātoroirangi through the eponymous tupuna Tūwharetoa; or
ii: any other recognised ancestor of a hapū listed in subsection (2)﻿(b); and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840.
14: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2); and
b: includes the claims described in subsection (3); but
c: does not include the claims described in subsection (4).
2: The historical claims are every claim that Ngāti Tūwharetoa or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from the Treaty of Waitangi
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: 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.
3: The historical claims include—
a: a claim to the Waitangi Tribunal that relates exclusively to Ngāti Tūwharetoa or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
i: Wai 18 (Lake Taupo Claim):
ii: Wai 37 (Ōkahukura Block):
iii: Wai 43 (Nukuhau):
iv: Wai 61 (Kaimanawa to Rotoaira Lands):
v: Wai 75 (The Hauhungaroa & Other Blocks Claim):
vi: Wai 80 (Waihaha Lands):
vii: Wai 92 (Effects of Taupo Basin Reserves Scheme, Hydroelectric Power Development, and Local Government):
viii: Wai 114 (Lake Taupo Fisheries):
ix: Wai 170 (Wairākei Lands):
x: Wai 178 (Lake Rotoaira):
xi: Wai 226 (Tūwharetoa Geothermal):
xii: Wai 269 (Kaingaroa Forest):
xiii: Wai 359 (Hautu and Rangipō Prison Farms Claim):
xiv: Wai 376 (Paenoa Te Akau Lands):
xv: Wai 398 (Tauhara Middle Block):
xvi: Wai 416 (Rangatira No. 7 Block):
xvii: Wai 480 (Conservation Management Strategy for Tongariro/Taupo Conservancy):
xviii: Wai 490 (Tokaanu Hot Springs Reserve):
xix: Wai 500 (Tauhara Middle No. 1 Block):
xx: Wai 502 (Tongariro National Park):
xxi: Wai 570 (Tauranga-Taupo No. 1 & No. 2B Blocks):
xxii: Wai 592 (Tauhara Middle No. 4A103, 4A104 & 4A1N Blocks):
xxiii: Wai 604 (Runanga No. 2C2B1 & 2C2B2 Blocks):
xxiv: Wai 629 (Rangatira A143 Block):
xxv: Wai 641 (Ngāti Hine Hapū):
xxvi: Wai 665 (Tauhara Middle Block):
xxvii: Wai 669 (Tauhara Middle Block):
xxviii: Wai 670 (Tauhara Middle Block):
xxix: Wai 711 (Tauhara Middle No. 4 Block (Rotoakui Reserve)):
xxx: Wai 782 (Taupo Basin Reserves Scheme, Tauhara Middle Blocks):
xxxi: Wai 797 (Lands and Geothermal Resources at Wairākei, Oruanui, Ohaaki, Tauhara, Atiamuri and Other Areas):
xxxii: Wai 801 (Te Hatepe and Hinemaiaia Rivers):
xxxiii: Wai 802 (Tokaanu Police Station):
xxxiv: Wai 833 (Te Moana Rotoaira and Resources):
xxxv: Wai 834 (Runanga No. 1 and Tauhara Middle No. 4 Blocks Claim):
xxxvi: Wai 838 (Ngāti Te Rangiita Lands and Resources):
xxxvii: Wai 841 (Greater Taupo Region):
xxxviii: Wai 933 (Lake Rotoaira and Wairehu Stream):
xxxix: Wai 965 (Taurewa No. 1 Block):
xl: Wai 998 (Crown Negotiation re Whanganui River):
xli: Wai 1006 (Land in Taupōnui-a-Tia Rohe):
xlii: Wai 1027 (Land on North Side of Lake Taupo):
xliii: Wai 1044 (Ngāti Te Ika of Ngāti Hikairo ki Tūwharetoa Lands and Resources):
xliv: Wai 1077 (Oruanui and Associated Blocks):
xlv: Wai 1193 (Parekaawa Lands):
xlvi: Wai 1206 (Ngāti Te Kohera Lands and Resources):
xlvii: Wai 1207 (Te Tihoi No. 3 Block):
xlviii: Wai 1260 (Ngāti Waewae Claim):
xlix: Wai 1262 (Ngāti Hikairo ki Tongariro Claim):
l: Wai 1264 (Lands in the Tongariro National Park):
li: Wai 1378 (Tauhara Land Blocks Claim):
lii: Wai 1417 (Puketapu 3B7B Trust Claim):
liii: Wai 1447 (Ngāti Hinemihi Lands and Resources Claim):
liv: Wai 1602 (Ngāti Te Kohera Lands and Resources):
lv: Wai 1605 (Lands and Resources):
lvi: Wai 1790 (Hiruharama Lands (Subritzky) Claim):
lvii: Wai 1836 (Ngāti Rauhoto Lands and Resources):
lviii: Wai 1869 (Descendants of Matiu Te Hokowhitu Waahi Tapu Claim):
lix: Wai 1876 (Hautu 3F1 Block (Heremaia) Claim):
lx: Wai 1915 (Tokaanu Lands (Milne) Claim):
lxi: Wai 2069 (Descendants of Rex Te Rangi Ita Petera Taumata (Dunn) Lands Claim):
lxii: Wai 2094 (Owners of Waituhi Kuratau 1B1 Lands (Mareikura) Claim):
lxiii: Wai 2095 (Descendants of Hingaia Huruao Lands (Lord) Claim):
lxiv: Wai 2098 (Ngāti Te Maunga hapū Lands and Resources):
lxv: Wai 2142 (Lands and Resources Outside the Turangi Township):
lxvi: Wai 2192 (Ngā Uri o Te Upoko o Tataia (Wanikau) Claim):
lxvii: Wai 2287 (Lands and Resources):
lxviii: Wai 2288 (Tauhara Middle Block (Tahau) Claim):
lxix: Wai 2315 (Ngāti Rongomai Lands (Johnson, Lee, Riddell & Barlow) Claim):
lxx: Wai 2318 (Ngāti Mananui Access to Land Claim):
lxxi: Wai 2454 (Tauhara 14 Middle Trust Housing Scheme Claim):
lxxii: Wai 2455 (The Paurini Reserve (Lakeshore Reserves Act) Claim):
lxxiii: Wai 2461 (Parakiri Reserve Land Claim):
lxxiv: Wai 2464 (Tauhara Middle No. 4 and Rotoakui Reserve Claim):
lxxv: Wai 2467 (The Taupo Control Gates Land Claim):
lxxvi: Wai 2469 (Pahautea Severance (Public Works) Claim); and
b: every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Tūwharetoa or a representative entity:
i: Wai 216 (Te Matai No. 1 & 2 Blocks):
ii: Wai 318 (Whaiti Kuranui 2D4 & Other Blocks Claim):
iii: Wai 358 (Tatua & Tuhingamata West Forestry Lands):
iv: Wai 445 (Tauhara Middle Block):
v: Wai 575 (Ngāti Tūwharetoa Comprehensive Claim):
vi: Wai 628 (Tahorakuri No. 2 Block):
vii: Wai 651 (Te Reu Reu Land Claim):
viii: Wai 781 (Atiamuri, Rotokawa, Te Haroto, Southern Kaimanawa Range, Shores of Lake Taupo, Rangitaiki and Waikato Riverbeds and their Tributaries to Kawerau, Numerous Geothermal Sources, the Kaingaroa Forest and Rotoakui Reserve):
ix: Wai 786 (Atiamuri Ki Kaimanawa (Rameka) Claim):
x: Wai 786 (Tauhara Hapū Lands and Resources):
xi: Wai 791 (Volcanic Interior Plateau):
xii: Wai 832 (Tauhara Middle Block):
xiii: Wai 1059 (Te Rohe Pōtae):
xiv: Wai 1195 (Parakiri and Associated Land Blocks Claim):
xv: Wai 1196 (Tongariro National Park Scheme Lands):
xvi: Wai 1451 (Tatua and Rangatira Blocks):
xvii: Wai 1452 (Lands and Resources):
xviii: Wai 1472 (Ngāti Wairangi Lands and Resources):
xix: Wai 1874 (Descendants of Paora Hapi Lands Claim):
xx: Wai 2077 (Ngāti Rahurahu Lands (Hiko) Claim):
xxi: Wai 2291 (Lands and Resources):
xxii: Wai 2197 (Rangitikei River Lands (Heitia) Claim):
xxiii: Wai 2453 (The Halletts Bay Whānau (Native Land Act) Claim):
xxiv: Wai 2498 (Rangitoto Tuhua 67B4C1B (Mato) Claim).
4: However, the historical claims do not include—
a: a claim that a member of Ngāti Tūwharetoa, or a hapū, whānau, or group referred to in section 13(2)﻿(a)
b: a claim that is based on descent from the ancestor Raukawa; or
c: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.
6: This Act will provide for the settlement in full of Wai 21 (Te Wai Ū o Tūwharetoa claim). Historical claims settled and jurisdiction of courts, etc, removed
15: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the deed of settlement.
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.
6: Subsection (4) does not exclude the jurisdiction of the Waitangi Tribunal in so far as it relates to the steps that are necessary for the Tribunal to complete its inquiries and report on the following:
a: the Te Rohe Pōtae District Inquiry (Wai 898):
b: the Taihape: Rangitīkei ki Rangipō District Inquiry (Wai 2180) and Porirua ki Manawatu Inquiry (Wai 2200) to the extent that it relates to Ngāti Tūwharetoa’s claims. Amendment to Treaty of Waitangi Act 1975
16: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Ngāti Tūwharetoa Claims Settlement Act 2018, section 15(4) and (5) 2018-12-19 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to a cultural redress property; or
b: to a commercial redress property; or
c: to land within the RFR area; or
d: for the benefit of Ngāti Tūwharetoa or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ Section 17(2)﻿(b) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Resumptive memorials to be cancelled
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that—
a: is all or part of—
i: a cultural redress property:
ii: a commercial redress property; or
b: is solely within the RFR area; and
c: is subject to a resumptive memorial recorded under an enactment listed in section 17(2)
2: The chief executive of LINZ must issue a certificate, as soon as is reasonably practicable after the settlement date, for a cultural redress property, a commercial redress property, or each allotment that is solely within the RFR area.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each computer register identified in the certificate; and
b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters
19: Rule against perpetuities does not apply
1: The rule against perpetuities and the provisions of the Perpetuities Act 1964
a: do not prescribe or restrict the period during which—
i: Te Kotahitanga o Ngāti Tūwharetoa may exist in law; or
ii: the trustees may hold or deal with property or income derived from property; and
b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if Te Kotahitanga o Ngāti Tūwharetoa is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or of any provision of the Perpetuities Act 1964
20: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Protocols
21: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 22(1)﻿(a)
i: the Crown minerals protocol:
ii: the primary industries protocol:
iii: the taonga tūturu protocol; and
b: includes any amendments made under section 22(1)﻿(b) responsible Minister
a: for the Crown minerals protocol, the Minister of Energy and Resources:
b: for the primary industries protocol, the 1 or more Ministers who have responsibility under the protocol:
c: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
d: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol. General provisions applying to protocols
22: Issuing, amending, and cancelling protocols
1: Each responsible Minister—
a: must issue a protocol to the trustees on the terms set out in part 5 of the documents schedule; and
b: may amend or cancel that protocol.
2: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
23: Protocols subject to rights, functions, and duties
Protocols do not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a department of State; or
c: the legal rights of Ngāti Tūwharetoa or a representative entity.
24: Enforcement of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Crown minerals
25: Crown minerals protocol
1: The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991
a: a register of protocols maintained by the chief executive; and
b: the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991
3: The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
4: In this section,— Crown mineral section 2(1)
a: that is the property of the Crown under section 10 11
b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 Crown minerals protocol area minerals programme section 2(1) Primary industries
26: Primary industries protocol
1: The chief executive of the Ministry for Primary Industries must note a summary of the terms of the primary industries protocol in any fisheries plan that affects the primary industries protocol area.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The primary industries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Maori Commercial Aquaculture Claims Settlement Act 2004
c: the Maori Fisheries Act 2004
d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4: In this section,— fisheries plan section 11A primary industries protocol area Taonga tūturu
27: Taonga tūturu protocol
The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: Statutory acknowledgement and geothermal statutory acknowledgement
28: Interpretation
In this subpart,— geothermal energy section 2(1) geothermal resource
a: means the geothermal energy and the geothermal water within each of the geothermal fields described in Part 2
b: does not include any geothermal energy or geothermal water above the ground on land that is not owned by the Crown geothermal statutory acknowledgement section 38 geothermal water section 2(1) relevant consent authority statement of association
a: for a statutory area, means the statement—
i: made by Ngāti Tūwharetoa of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
ii: set out in part 4 of the documents schedule; and
b: for the geothermal resource, means the statement—
i: made by Ngāti Tūwharetoa of their particular cultural, historical, spiritual, and traditional association with, and their use of, the geothermal resource; and
ii: set out in part 4 of the documents schedule statutory acknowledgement section 29 statutory area Part 1 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA
b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement
29: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
30: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 31 to 33
b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 34 35
c: to enable the trustees and any member of Ngāti Tūwharetoa to cite the statutory acknowledgement as evidence of the association of Ngāti Tūwharetoa with a statutory area, in accordance with section 36
31: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
32: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274
3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991
33: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: This section applies to an application made under section 44 56 61
2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62
3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
a: in determining whether the trustees are persons directly affected by the decision; and
b: in determining, under section 59(1) 64(1)
4: In this section, archaeological site section 6
34: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include—
a: a copy of sections 29 to 33 35 36
b: descriptions of the statutory areas wholly or partly covered by the plan; and
c: the statement of association for each statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
35: Provision of summary or notice to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: A summary provided under subsection (1)﻿(a) must be the same as would be given to an affected person by limited notification under section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)﻿(b) not later than 10 working days after the day on which the consent authority receives the notice.
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
36: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Tūwharetoa may, as evidence of the association of Ngāti Tūwharetoa with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga; or
d: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1); or
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Tūwharetoa are precluded from stating that Ngāti Tūwharetoa has an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made.
37: Application of statutory acknowledgement to river, stream, or lake
1: If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: an artificial watercourse.
2: If any part of the statutory acknowledgement applies to a lake,—
a: that part of the acknowledgement applies only to—
i: the body of fresh water in the lake; and
ii: the bed of the lake; and
b: that part of the acknowledgement does not apply to any part of the bed of the lake that is not owned by the Crown; and
c: that part of the acknowledgement does not apply,—
i: in the case of a lake not controlled by artificial means, to any land that the waters of the lake do not cover at their highest level without overflowing the banks of the lake; or
ii: in the case of a lake controlled by artificial means, to any land that the waters of the lake do not cover at the maximum operating level; or
iii: to any river, stream, or watercourse, whether artificial or otherwise, draining into or out of a lake.
3: In this section,— lake maximum operating level Resource Management Act 1991 Geothermal statutory acknowledgement
38: Geothermal statutory acknowledgement by the Crown
The Crown acknowledges the statement of association for the geothermal resource.
39: Purposes of geothermal statutory acknowledgement
The only purposes of the geothermal statutory acknowledgement are to—
a: require relevant consent authorities and the Environment Court to have regard to the geothermal statutory acknowledgement, in accordance with sections 40 41
b: require relevant consent authorities to record the geothermal statutory acknowledgement on statutory plans that relate to the geothermal resource and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 42 43
c: enable the trustees and any member of Ngāti Tūwharetoa to cite the geothermal statutory acknowledgement as evidence of the association of Ngāti Tūwharetoa with the geothermal resource, in accordance with section 44
40: Relevant consent authorities to have regard to geothermal statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting the geothermal resource.
2: On and from the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement in deciding, under section 95E
3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
41: Environment Court to have regard to geothermal statutory acknowledgement
1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting the geothermal resource.
2: On and from the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement in deciding, under section 274
3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991
42: Recording geothermal statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the geothermal statutory acknowledgement to all statutory plans that wholly or partly cover the geothermal resource.
2: The information attached to a statutory plan must include—
a: a copy of sections 38 to 41 43 44
b: a description of the geothermal resource wholly or partly covered by the plan; and
c: the statement of association for the geothermal resource.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
43: Provision of summary or notice to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting the geothermal resource:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: A summary provided under subsection (1)﻿(a) must be the same as would be given to an affected person by limited notification under section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)﻿(b) not later than 10 working days after the day on which the consent authority receives the notice.
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
44: Use of geothermal statutory acknowledgement
1: The trustees and any member of Ngāti Tūwharetoa may, as evidence of the association of Ngāti Tūwharetoa with the geothermal resource, cite the geothermal statutory acknowledgement in submissions concerning the taking, use, damming, or diverting of any geothermal water or geothermal energy from the geothermal resource that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, by virtue of the geothermal statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1); or
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2) may take the geothermal statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Tūwharetoa are precluded from stating that Ngāti Tūwharetoa has an association with the geothermal resource that is not described in the geothermal statutory acknowledgement; and
b: the content and existence of the geothermal statutory acknowledgement do not limit any statement made. General provisions relating to statutory acknowledgement and geothermal statutory acknowledgement
45: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and the geothermal statutory acknowledgement do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Tūwharetoa with—
a: a statutory area than that person would give if there were no statutory acknowledgement for the statutory area; or
b: the geothermal resource than that person would give if there were no geothermal statutory acknowledgement for the geothermal resource.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to other provisions in this subpart.
46: Rights not affected
1: The statutory acknowledgement and the geothermal statutory acknowledgement—
a: do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and
b: do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area or the geothermal resource.
2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991
47: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Ngāti Tūwharetoa Claims Settlement Act 2018 2018-12-19 Resource Management Act 1991
3: Overlay classification
48: Interpretation
1: In this Act, overlay classification
2: In this subpart,— Conservation Board section 6L New Zealand Conservation Authority section 6A overlay site
a: means a site that is declared under section 49(1)
b: does not include an area or part of an area that is declared under section 60(1) protection principles
a: means the principles agreed by the trustees and the Minister of Conservation, as set out for the area in part 3 of the documents schedule; and
b: includes any principles as they are amended by the written agreement of the trustees and the Minister of Conservation specified actions statement of values
a: made by Ngāti Tūwharetoa of their values relating to their cultural, historical, spiritual, and traditional association with the overlay site; and
b: set out in part 2 of the documents schedule.
49: Declaration of overlay classification and the Crown's acknowledgement
1: The sites described in Schedule 2
2: The Crown acknowledges the statement of values for each overlay site.
50: Purposes of overlay classification
The only purposes of the overlay classification are—
a: to require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 52
b: to enable the taking of action under sections 53 to 58
51: Effect of protection principles
The protection principles are intended to prevent the values stated in the statement of values for an overlay site from being harmed or diminished.
52: Obligations on New Zealand Conservation Authority and Conservation Boards
1: When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to an overlay site, the Authority or Board must have particular regard to—
a: the statement of values for the site; and
b: the protection principles for the site.
2: Before approving a strategy or plan that relates to an overlay site, the New Zealand Conservation Authority or a Conservation Board must—
a: consult the trustees; and
b: have particular regard to the views of the trustees as to the effect of the strategy or plan on—
i: any matters in the implementation of the statement of values for the overlay site; and
ii: any matters in the implementation of the protection principles for the overlay site.
3: If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to an overlay site, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
53: Noting of overlay classification in strategies and plans
1: The application of the overlay classification to an overlay site must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the overlay site.
2: The noting of the overlay classification is—
a: for the purpose of public notice only; and
b: not an amendment to the strategy or plan for the purposes of section 17I section 46
54: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration made by section 49
b: the protection principles for each overlay site.
2: An amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette
3: The Director-General may notify in the Gazette section 55 56
55: Actions by Director-General
1: The Director-General must take action in relation to the protection principles that relate to each overlay site, including the specified actions.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the trustees in writing of any action intended to be taken.
56: Amendment to strategies or plans
1: The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to an overlay site.
2: The Director-General must consult the relevant Conservation Boards before initiating the amendment.
3: The amendment is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
57: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 56(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to an overlay site:
c: to create offences for breaches of regulations made under paragraph (b):
d: to prescribe the following fines for an offence referred to in paragraph (c):
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Regulations under this section 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 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 57(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
58: Bylaws
1: The Minister of Conservation may make bylaws for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 56(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to an overlay site:
c: to create offences for breaches of bylaws made under paragraph (b):
d: to prescribe the following fines for an offence referred to in paragraph (c):
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Bylaws under this section 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 this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 58(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
59: Effect of overlay classification on overlay site
1: This section applies if, at any time, the overlay classification applies to any land in—
a: a national park under the National Parks Act 1980
b: a conservation area under the Conservation Act 1987
c: a reserve under the Reserves Act 1977
2: The overlay classification does not affect—
a: the status of the land as a national park, conservation area, or reserve; or
b: the classification or purpose of a reserve.
60: Termination of overlay classification
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of an overlay site is no longer subject to the overlay classification.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or
b: the relevant area is to be, or has been, disposed of by the Crown; or
c: the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
3: The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if—
a: subsection (2)﻿(c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the overlay site.
4: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 60(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
61: Exercise of powers and performance of functions and duties
1: The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for an overlay site than that person would give if the site were not subject to the overlay classification.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to the other provisions of this subpart.
62: Rights not affected
1: The overlay classification does not—
a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay site.
2: This section is subject to the other provisions of this subpart.
4: Official geographic names
63: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 Mission Bay Recreation Reserve Gazette official geographic name section 4
64: Official geographic names
1: A name specified in the second column of the table in clause 8.29 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19
65: Publication of official geographic names
1: The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) section 64(1)
2: The notice must state that each official geographic name became an official geographic name on the settlement date.
66: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under this subpart, the Board—
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3)
67: Name change for Crown protected area
1: The name of the Mission Bay Recreation Reserve is changed to Ōtaiātoa Bay Recreation Reserve.
2: The new name given to the reserve under subsection (1) is to be treated as if—
a: it were an official geographic name that takes effect on the settlement date; and
b: it had first been reviewed and concurred with by the Board under subpart 3 of Part 2
3: The Board must, as soon as practicable after the settlement date,—
a: give public notice of the new name in accordance with section 21(2) and (3)
b: state in the notice that the new name became an official geographic name on the settlement date.
4: The official geographic name of a reserve named under this section must not be changed in accordance with subpart 3 of Part 2
5: Vesting of cultural redress properties
68: Interpretation
In this subpart,— cultural redress property Schedule 3 Properties vested in fee simple
1: Aratiatia site A:
2: Aratiatia site B:
3: Five Mile Bay site A:
4: Five Mile Bay site C:
5: Hautū property:
6: Karapiti property:
7: Karetoto property:
8: Parakiri site A:
9: Puanga Street property:
10: Part Former Tauranga Taupo School property:
11: Tawera Street property:
12: Te Huka North property:
13: Tokaanu Market property: Properties vested in fee simple to be administered as reserves
14: Atahaka property:
15: Five Mile Bay site B:
16: Five Mile Bay site D:
17: Maunganamu property:
18: Motutere property:
19: Ngā Puna Wai Ariki ki Tokaanu property:
20: Ōmoho property:
21: Ōnekeneke property:
22: Oruatua property:
23: Paaka property:
24: Parakiri site B:
25: Parikarangaranga property:
26: Tauhara property:
27: Taupo Courthouse property:
28: Tauranga Taupō property:
29: Te Huka property:
30: Te Kōwhai property:
31: Te Rapa property:
32: Te Iringa o te Pouraka property: Properties vested in fee simple subject to conservation covenant
33: Tauhara Mountain property:
34: Te Huka South property geothermal interest
a: the Aratiatia (Polo) Flat Lease registered as L 7474333.1 and held in computer interest register 370401, in relation to Aratiatia site A:
b: the Wairakei Geothermal Encumbrance registered as ENC 8702593.5 and held in computer interest register 549545, in relation to Aratiatia site A, Aratiatia site B, and the Karapiti property:
c: the South Wairakei Forest 2011 Geothermal and Electricity Easement, 2050 Geothermal and Electricity Easement, and 2060 Geothermal and Electricity Easement, in relation to the Karapiti property:
d: the Wairakei Geothermal and Electricity Easement registered as E 8702593.6 and held in computer interest register 549546, and a variation registered as VE 8702593.7, in relation to the geothermal properties geothermal property
a: Aratiatia site A:
b: Aratiatia site B:
c: Karapiti property:
d: Karetoto property:
e: Te Huka North property:
f: Te Huka South property reserve property Properties vested in fee simple
69: Aratiatia site A
The fee simple estate in Aratiatia site A vests in the trustees.
70: Aratiatia site B
The fee simple estate in Aratiatia site B vests in the trustees.
71: Five Mile Bay site A
1: The reservation of Five Mile Bay site A (being part of Five Mile Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Five Mile Bay site A vests in the trustees.
72: Five Mile Bay site C
1: The reservation of Five Mile Bay site C (being part of Five Mile Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Five Mile Bay site C vests in the trustees.
3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant restricting building height on the terms and conditions set out in part 8.5 of the documents schedule.
73: Hautū property
1: The part of the Hautū property that is a conservation area under the Conservation Act 1987
2: The Hautū property ceases to be subject to Part 2
3: The memorial noted on computer freehold register 768840 that the land is subject to section 5 of the Native Purposes Act 1939 section 113(5)
4: The fee simple estate in the Hautū property vests in the trustees.
74: Karapiti property
1: The fee simple estate in the Karapiti property vests in the trustees.
2: The Commissioner of Crown Lands must provide the trustees with a registrable right of way easement on the terms and conditions set out in part 8.1 of the documents schedule.
3: The improvements of the permit holder listed in Schedule 1 Land Act 1948
75: Karetoto property
The fee simple estate in the Karetoto property vests in the trustees.
76: Parakiri site A
1: The reservation of Sections 1 and 3 SO 519771 as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Parakiri site A vests in the trustees.
3: Subsection (2) does not take effect until the trustees have provided—
a: the Crown with a registrable lease on the terms and conditions set out in part 8.2 of the documents schedule; and
b: the Taupo District Council with a registrable easement in gross for a right to convey water, a right to drain water, a right to drain sewage, and a pedestrian right of way on the terms and conditions set out in part 8.3 of the documents schedule; and
c: Unison Networks Limited with a registrable easement in gross for a right to convey electricity and a right to convey telecommunications and electronic data on the terms and conditions set out in part 8.4 of the documents schedule.
4: Section 3 SO 519771 is vested in the Taupo District Council as a road pursuant to Part 21
5: Section 116(3)
6: Sections 114(1) 116(1) and (4)
77: Puanga Street property
1: The reservation of the Puanga Street property (being Puanga Street Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Puanga Street property vests in the trustees.
78: Part Former Tauranga Taupo School property
The fee simple estate in the Part Former Tauranga Taupo School property vests in the trustees.
79: Tawera Street property
1: The reservation of the part of the Tawera Street property that is a reserve subject to the Reserves Act 1977
2: The part of the Tawera Street property that is a conservation area under the Conservation Act 1987
3: The fee simple estate in the Tawera Street property vests in the trustees.
4: Any improvements in or on the Tawera Street property do not vest in the trustees despite the vesting under subsection (3).
80: Te Huka North property
The fee simple estate in the Te Huka North property vests in the trustees.
81: Tokaanu Market property
1: The reservation of the Tokaanu Market property as a reserve subject to the Reserves Act 1977
2: The fee simple estate in the Tokaanu Market property vests in the trustees. Properties vested in fee simple to be administered as reserves
82: Atahaka property
1: The Atahaka property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Atahaka property vests in the trustees.
3: The Atahaka property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Atahaka Historic Reserve.
83: Five Mile Bay site B
1: The reservation of Five Mile Bay site B (being part of Five Mile Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Five Mile Bay site B vests in the trustees.
3: Five Mile Bay site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Five Mile Bay Scenic Reserve.
84: Five Mile Bay site D
1: The reservation of Five Mile Bay site D (being part of Five Mile Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Five Mile Bay site D vests in the trustees.
3: Five Mile Bay site D is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Five Mile Bay Recreation Reserve.
85: Application of Freedom Camping Act 2011 to Five Mile Bay Recreation Reserve (Five Mile Bay site D)
1: In this section, reserve section 84(4)
2: The Freedom Camping Act 2011 Act
a: the reserve must be treated as if it were conservation land:
b: each reference in the Act to the Director-General or the Department must be treated as if it were a reference to the administering body:
c: if property is seized and impounded and not returned under the Act, section 40(5)
d: section 31(2)
e: a notice under section 17(1)﻿(b) section 18
3: Despite subsection (2)﻿(e), a notice published under section 17(1)﻿(b)
4: In subsection (2)﻿(e), reserve management plan section 41
86: Maunganamu property
1: The reservation of the Maunganamu property (being part of Tokaanu Thermal Park Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Maunganamu property vests in the trustees.
3: The Maunganamu property is declared a historic reserve subject to section 18
4: The reserve is named Maunganamu Historic Reserve.
87: Motutere property
1: The reservation of the Motutere property (being Motutere Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Motutere property vests in the trustees.
3: The right of way reserved by section 14(3)
4: The Motutere property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The reserve is named Motutere Scenic Reserve.
88: Ngā Puna Wai Ariki ki Tokaanu property
1: The reservation of those parts of the Ngā Puna Wai Ariki ki Tokaanu property (being part of Tokaanu Thermal Park Recreation Reserve) that are a recreation reserve subject to the Reserves Act 1977
2: The road shown as Sections 3 and 4 on SO 517953 is stopped.
3: Section 345(3)
4: Sections 3, 4, and 5 SO 517953 vest in the Crown as Crown land subject to the Land Act 1948
5: The fee simple estate in the Ngā Puna Wai Ariki ki Tokaanu property vests in the trustees.
6: The Ngā Puna Wai Ariki ki Tokaanu property is declared a reserve and classified as a recreation reserve subject to section 17
7: The reserve is named Ngā Puna Wai Ariki ki Tokaanu Recreation Reserve.
89: Ōmoho property
1: The reservation of Lots 1 and 2 DP 51475 (being Waihi Road Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The Ōmoho property (other than the part referred to in subsection (1)) vests in the Crown as Crown land subject to the Land Act 1948
3: The fee simple estate in the Ōmoho property vests in the trustees.
4: The right of way reserved by section 14(3)
5: The Ōmoho property is declared a reserve and classified as a historic reserve subject to section 18
6: The reserve is named Ōmoho Historic Reserve.
7: Section 116(3)
90: Ōnekeneke property
1: The Ōnekeneke property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Ōnekeneke property vests in the trustees.
3: The Ōnekeneke property is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Ōnekeneke Recreation Reserve.
91: Validation and continuation of lease and defined terms for purposes of sections 91 to 94
1: The current lease—
a: is declared to have been validly renewed under section 170
b: continues despite section 90(3)
c: is subject to sections 130 to 151 section 143(1) sections 170 to 170B
2: The provisions of the Land Act 1948
a: the references to the Board, the Commissioner of Crown Lands, and the Department were references to the lessor; and
b: the references to the Crown or Her Majesty were references to the lessor; and
c: the words , with the approval of the Minister, section 146(1)
3: A reference in the current lease to the Commissioner of Crown Lands or to Her Majesty means the lessor except in clause (a) (following clause 8) of the lease where the references to Her Majesty and to the Commissioner of Crown Lands mean the Crown.
4: In this section and sections 92 to 94 agreed value section 93(3)﻿(a) or (4) current lease improvements section 2 property the lessee the lessor
92: Further matters relating to lease and property
1: This section takes effect when it commences.
2: On the commencement of this section,—
a: any right of renewal of the current lease under an enactment or referred to in an instrument ceases to have effect; and
b: the provisions of the Land Act 1948 section 91(1)﻿(c)
c: sections 132A 133 138 145 to 148
d: section 137(1) and (2) section 93(5)﻿(b)
e: the Reserves Act 1977
i: the lessor may grant a lease for a term not exceeding 60 years; and
ii: the lease may include a provision that further similar terms may be granted if the terms and conditions of the lease have been complied with.
93: Matters relating to improvements on expiry of current lease
1: This section takes effect when it commences.
2: The lessor must, no later than 9 months before the expiry of the current lease, give the lessee a written notice that—
a: lists all of the improvements that the lessor considers to be owned by the lessee; and
b: sets out the value attributed to those improvements by the lessor.
3: The lessee must, within 3 months after receiving a notice under subsection (2), give the lessor a written notice indicating that—
a: the lessee agrees to the list of improvements and the value attributed to them by the lessor; or
b: the lessee elects to have the list of improvements and their value determined by the Land Valuation Tribunal instead.
4: If the lessee does not give the lessor notice under subsection (3) within the time specified in that subsection, the lessee is deemed to have agreed to the list of improvements and the value attributed to them in the notice given under subsection (2).
5: On the expiry of the current lease, unless the lessor and the lessee agree otherwise,—
a: the lessee may remove some or all of the improvements owned by the lessee; and
b: if any of the lessee’s improvements have not been removed, the lessor must, subject to section 137(1) and (2)
c: if the lessor pays the lessee for any improvements, the lessor may recover the cost of the improvements from a lessee under a new lease in respect of the property or part of the property.
94: Determination by Land Valuation Tribunal
1: This section takes effect when it commences.
2: The lessor must, as soon as practicable after receiving notice under section 93(3)﻿(b)
3: The application must be filed in the Environment Court and must include a copy of the notices given under section 93(2) and (3)﻿(b)
4: The Land Valuation Tribunal has jurisdiction to hear and determine the application.
5: The Land Valuation Proceedings Act 1948 Land Valuation Tribunals Rules 1977
6: The decision of the Land Valuation Tribunal is final and binding on both parties.
95: Oruatua property
1: The reservation of the part of the Oruatua property (being Oruatua Reserve) that is a reserve subject to the Reserves Act 1977
2: That part of Section 1 SO 517279 and the area of 3.9640 hectares shown as Taupo-Nui-A-Tia on SO 517279 that were formerly Part Tauranga Taupo 1B1 cease to be a conservation area under the Conservation Act 1987
3: The right of way reserved by section 14(3)
4: The fee simple estate in the Oruatua property vests in the trustees.
5: The Oruatua property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
6: The reserve is named Oruatua Scenic Reserve.
96: Paaka property
1: The reservation of Part Section 4 and Section 6 Block I Waitahanui Survey District (being Hatepe Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Paaka property vests in the trustees.
3: The right of way reserved by section 14(3)
4: The Paaka property is declared a reserve and classified as a recreation reserve subject to section 17
5: The reserve is named Paaka Recreation Reserve.
6: Section 116(3)
97: Parakiri site B
1: The reservation of Parts Section 6 Block XXXIV Town of Taupo as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Parakiri site B vests in the trustees.
3: The right of way reserved by section 14(3)
4: Parakiri site B is declared a reserve and classified as a recreation reserve subject to section 17
5: The reserve is named Parakiri Recreation Reserve.
6: The Taupo District Council is the administering body of the reserve, and the Reserves Act 1977 section 26
7: Subsection (6) continues to apply despite any subsequent transfer under section 121
8: Any improvements in or on Parakiri site B do not vest in the trustees despite the vesting under subsection (2).
9: Subsections (1) to (8) do not take effect until the trustees have provided—
a: the Crown with a registrable lease and a registrable easement in gross for a right to convey water, a right to drain water, a right to convey electricity, a right to convey telecommunications and computer media, a right to drain sewage, and a right to collect and dispose refuse on the terms set out in parts 8.12 (for the lease) and 8.13 (for the easement) of the documents schedule; and
b: the Taupo District Council with a registrable easement in gross for a right to convey water, a right to drain sewage, and a right to drain water on the terms and conditions set out in part 8.3 of the documents schedule; and
c: Unison Networks Limited with a registrable easement in gross for a right to convey electricity and a right to convey telecommunications and electronic data on the terms and conditions set out in part 8.4 of the documents schedule.
10: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
11: Section 116(3)
98: Ownership of improvements on Parakiri site B
1: Despite the vesting of the Parakiri site B under section 97
a: improvements owned by the Taupo District Council may remain on Parakiri site B without the consent of, and without charge by, the trustees; and
b: the improvements may, subject to subsection (2), be accessed, used, occupied, repaired, maintained, removed, demolished, or replaced by the Council (or any person with the consent of the Council) at any time without the consent of, and without charge by, the trustees; and
c: the trustees are not liable under any enactment or rule of law for any matter in relation to improvements for which they would, apart from this section, be liable by reason of their ownership of Parakiri site B.
2: If an improvement is replaced under subsection (1)﻿(b), the replacement must be of the same size and in the same location as that improvement.
99: Parikarangaranga property
1: The reservation of the Parikarangaranga property (being part of Motuoapa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Parikarangaranga property vests in the trustees.
3: The Parikarangaranga property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Parikarangaranga Historic Reserve.
100: Tauhara property
1: The reservation of the Tauhara property (being Broadlands Road Geo-thermal Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Tauhara property vests in the trustees.
3: The Tauhara property is declared a reserve and classified as a scientific reserve subject to section 21
4: The reserve is named Tauhara Scientific Reserve.
101: Taupo Courthouse property
1: The reservation of the Taupo Courthouse property as a historic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Taupo Courthouse property vests in the trustees.
3: The Taupo Courthouse property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Taupo Courthouse Historic Reserve.
102: Tauranga Taupō property
1: The Tauranga Taupō property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Tauranga Taupō property vests in the trustees.
3: The right of way reserved by section 14(3)
4: The Tauranga Taupō property is declared a reserve and classified as a recreation reserve subject to section 17
5: The reserve is named Tauranga Taupō Recreation Reserve.
103: Te Huka property
1: The fee simple estate in the Te Huka property vests in the trustees.
2: The Te Huka property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
3: The reserve is named Te Huka Scenic Reserve.
4: Subsections (1) to (3) do not take effect until the trustees have provided—
a: the Crown with a registrable easement in gross for a right of way on the terms and conditions set out in part 8.14 of the documents schedule; and
b: the Crown with a registrable easement in gross for a right to convey water, a right to convey electricity, a right to drain sewage, and a right to drain water on the terms and conditions set out in part 8.15 of the documents schedule; and
c: the Taupo District Council with a registrable easement in gross for a right to drain sewage on the terms and conditions set out in part 8.16 of the documents schedule; and
d: Unison Networks Limited with a registrable easement in gross for a right to convey electricity and a right to convey telecommunications and electronic data on the terms and conditions set out in part 8.17 of the documents schedule.
5: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
104: Te Kōwhai property
1: The fee simple estate in the Te Kōwhai property vests in the trustees.
2: The Te Kōwhai property is declared a reserve and classified as a recreation reserve subject to section 17
3: The reserve is named Te Kōwhai Recreation Reserve.
4: The Tongariro Trout Hatchery and Freshwater Ecology Centre Trust is the administering body of the reserve, and the Reserves Act 1977 section 26
5: Subsection (4) continues to apply despite any subsequent transfer under section 121
6: Subsections (1) to (5) do not take effect until the trustees of the Tongariro Trout Hatchery and Freshwater Ecology Centre Trust—
a: have provided the Crown with a licence to occupy on the terms and conditions set out in part 8.8 of the documents schedule; and
b: have provided the Tongariro National Trout Centre Society Incorporated with a licence to occupy on the terms and conditions set out in part 8.9 of the documents schedule; and
c: have provided the Tongariro National Trout Centre Society Incorporated with a registrable lease on the terms and conditions set out in part 8.10 of the documents schedule; and
d: have provided the Tongariro National Trout Centre Society Incorporated with a registrable easement for a right of way on the terms and conditions set out in part 8.11 of the documents schedule; and
e: are incorporated as a board under the Charitable Trusts Act 1957
7: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
105: Te Rapa property
1: The reservation of the Te Rapa property (being Waihi Road Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Rapa property vests in the trustees.
3: The Te Rapa property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Te Rapa Historic Reserve.
106: Te Iringa o te Pouraka property
1: The reservation of Sections 7 and 12 Block VII Puketi Survey District (being the Waiotaka Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The road shown as Sections 3, 4, 5, and 6 on SO 517957 is stopped and vests in the Crown as Crown land subject to the Land Act 1948
3: Sections 7, 8, 9, and 12 SO 517957 are declared to be a road, limited access road, and State Highway pursuant to section 88(2)
4: The right of way reserved by section 14(3)
5: The fee simple estate in the Te Iringa o te Pouraka property vests in the trustees.
6: The Te Iringa o te Pouraka property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
7: The reserve is named Te Iringa o te Pouraka Scenic Reserve.
8: Section 116(3)
107: Five-year right of entry onto Te Iringa o te Pouraka property by Crown
1: Despite the vesting of the Te Iringa o te Pouraka property under section 106(5)
a: species management:
b: monitoring pest plants or pest animals:
c: controlling pest plants or pest animals:
d: restoration of wetlands.
2: The right of entry conferred by this section expires on the close of the date that is 5 years after the commencement of this section.
3: If the Crown enters the Te Iringa o te Pouraka property under subsection (1), it must first give notice to the trustees unless—
a: the Crown enters in circumstances that the Crown and the trustees have agreed for which notice is not required; or
b: the Crown is responding to a known or suspected incursion of a pest animal.
4: If the Crown enters the property under subsection (1), it must give notice to the trustees, orally or by electronic means (as the Crown and the trustees agree), at least 24 hours before entering or, if that is not practicable,—
a: before entering, if practicable; or
b: as soon as possible after entering.
5: In this section, the Crown Properties vested in fee simple subject to conservation covenants
108: Tauhara Mountain property
1: The reservation of the Tauhara Mountain property (being Tauhara Mountain Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Tauhara Mountain property vests in the trustees.
3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to the Tauhara Mountain property on the terms and conditions set out in part 8.6 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
109: Te Huka South property
1: The fee simple estate in the Te Huka South property vests in the trustees.
2: Subsection (1) does not take effect until the trustees have provided the Crown with a registrable covenant in relation to the Te Huka South property on the terms and conditions set out in part 8.7 of the documents schedule.
3: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27 General provisions applying to vesting of cultural redress properties
110: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 3
111: Interests in land for certain reserve properties
1: This section applies to all or the part of Parakiri site B or the Te Kōwhai property that remains a reserve under the Reserves Act 1977 reserve land
2: If Parakiri site B or the Te Kōwhai property is affected by an interest in land listed for the property in Schedule 3
3: Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the reserve land.
4: However, subsections (2) and (3) do not affect the registration of the lease and easements referred to in section 97(9)
5: Subsections (2) and (3) continue to apply despite any subsequent transfer of the reserve land under section 121
112: Interests that are not interests in land
1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 3
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies.
3: If all or part of the cultural redress property is reserve land to which section 111
4: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
113: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3) applies to a cultural redress property (other than Five Mile Bay site C, the Hautū property, the Ngā Puna Wai Ariki ki Tokaanu property, the Oruatua property, the Taupo Courthouse property, and the Te Kōwhai property), but only to the extent that the property is all of the land contained in a computer freehold register.
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the proprietors of the fee simple estate in the property; and
b: record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 8 of the deed of settlement.
4: Subsection (5) applies to—
a: a cultural redress property but only to the extent that subsection (2) does not apply to the property:
b: the following properties:
i: Five Mile Bay site C:
ii: the Hautū property:
iii: the Ngā Puna Wai Ariki ki Tokaanu property:
iv: the Oruatua property:
v: the Taupo Courthouse property:
vi: the Te Kōwhai property.
5: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the trustees; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
6: Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.
7: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the Crown and the trustees.
8: In this section, authorised person
a: for the following properties, a person authorised by the chief executive of LINZ:
i: Aratiatia site A:
ii: Aratiatia site B:
iii: Te Huka property:
iv: Karapiti property:
v: Karetoto property:
vi: Te Huka North property:
vii: Part Former Tauranga Taupo School property:
viii: Te Huka South property:
b: for the Hautū property, a person authorised by the chief executive of the Ministry of Justice:
c: for the Te Kōwhai property, 2 persons who make a joint application, with 1 person authorised by the chief executive of LINZ and the other person authorised by the Director-General:
d: for all other properties, a person authorised by the Director-General.
114: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: The marginal strip reserved by section 24
4: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24
5: If all geothermal interests are surrendered for all or part of a geothermal property, the vesting of the property is no longer exempt from section 24
6: Subsections (2) to (5) do not limit subsection (1).
115: Matters to be recorded on computer freehold register
1: The Registrar-General must record on the computer freehold register,—
a: for a reserve property other than Parakiri site B and the Te Kōwhai property,—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 114(4) 119
b: for Parakiri site B and the Te Kōwhai property,—
i: that the land is subject to Part 4A section 24
ii: that each property is subject to sections 111(3) 114(4) 119
c: for the Puanga Street property, that the land is subject to Part 4A
d: for a geothermal property,—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to section 114(5)
e: for any other cultural redress property, that the land is subject to Part 4A
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: For a reserve property other than Parakiri site B and the Te Kōwhai property, if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to sections 114(4) 119
b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the property that remains a reserve.
4: If the reservation under this subpart of Parakiri site B and the Te Kōwhai property is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to sections 111(3) 114(4) 119
b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the property that remains a reserve.
5: The following applies if all geothermal interests are surrendered for all or part of a geothermal property:
a: if none of the property remains subject to a geothermal interest, the registered proprietors of the property must apply in writing to the Registrar-General to remove the notifications from the property that—
i: section 24
ii: the land is subject to section 114(5)
b: if part of the property remains subject to a geothermal interest, the Registrar-General must ensure the notifications referred to in paragraph (a) remain on the computer freehold register for the part of the property subject to the geothermal interests.
6: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a), (4)﻿(a), or (5)﻿(a).
116: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
117: Names of Crown protected areas discontinued
1: Subsection (2) applies to a cultural redress property or the land referred to in sections 96(1) 106(1)
2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties
118: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property, except as provided for in sections 97 104
2: Sections 78(1)﻿(a) 79 to 81 88
3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2)
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property (except for Parakiri site B and the Te Kōwhai property) must not have a name assigned to it or have its name changed under section 16(10)
6: As long as the Te Kōwhai property or Parakiri site B is declared a reserve subject to the Reserves Act 1977
a: the Te Kōwhai property or Parakiri site B (as the case may require) must not have a name assigned to it or have its name changed under section 16(10)
b: section 16(10A)
7: Subsection (2) does not apply to Parakiri site B and the Te Kōwhai property.
119: Subsequent transfer of reserve land
1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977
2: The fee simple estate in the reserve land may be transferred only in accordance with section 120 121
3: In this section and sections 120 to 122 reserve land
120: Transfer of reserve land to new administering body
1: The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners
2: The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able—
a: to comply with the requirements of the Reserves Act 1977
b: to perform the duties of an administering body under that Act.
3: The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
4: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: the written consent of the administering body of the reserve land, if the trustees are transferring the land and are not the administering body; and
d: any other document required for the registration of the transfer instrument.
5: The new owners, from the time of their registration under this section,—
a: are the administering body of the reserve land; and
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
6: A transfer that complies with this section need not comply with any other requirements.
121: Transfer of reserve land where trustees change
The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' solicitor, verifying that paragraphs (a) and (b) apply.
122: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
123: Saving of bylaws, etc, in relation to reserve properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977 Relationship agreements
124: Relationship agreement between trustees and Ministry for the Environment
The trustees and the Ministry for the Environment must, if they have not already done so before the settlement date, enter into a relationship agreement on the settlement date on the terms and conditions set out in part 6 of the documents schedule.
125: Te Piringa agreement between trustees, Minister, and Director-General
The trustees and the Minister of Conservation and the Director-General must, if they have not already done so before the settlement date, enter into a partnership agreement on the settlement date on the terms and conditions set out in part 7 of the documents schedule.
3: Commercial redress
126: Interpretation
In subparts 1 to 4 commercial redress property Crown forest land section 2(1) Crown forestry assets section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the licensed land, means the licence described in the fourth column of the table in part 3 of the property redress schedule Crown forestry rental trust section 34 Crown forestry rental trust deed deferred selection property land holding agency
a: for a commercial redress property, in part 3 of the property redress schedule; or
b: for the deferred selection property, in table 1 of part 4 of the property redress schedule licensed land
a: means the property described as licensed land in part 3 of the property redress schedule; but
b: excludes—
i: trees growing, standing, or lying on the land; and
ii: improvements that have been—
A: acquired by a purchaser of the trees on the land; or
B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land licensee licensor protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 right of access section 138 Tauhara Recreation Reserve Taurewa Station Waipapa Road Conservation Area
1: Transfer of commercial redress properties and deferred selection properties
127: The Crown may transfer properties
To give effect to part 9 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised—
a: to transfer the fee simple estate in a commercial redress property or the deferred selection property to the trustees; and
b: to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
128: Tauhara Recreation Reserve
1: The reservation of Tauhara Recreation Reserve as a recreation reserve subject to section 17 section 127
2: Sections 24 25
3: The official geographic name of Tauhara Recreation Reserve is discontinued in respect of the land and the Board must amend the Gazetteer accordingly.
4: In subsection (3), Board Gazetteer official geographic name section 4
129: Waipapa Road Conservation Area
1: This section takes effect only if the Waipapa Road Conservation Area becomes a deferred selection property.
2: The transfer of the fee simple estate in the property does not take effect under section 127
3: The Waipapa Road Conservation Area ceases to be a conservation area under the Conservation Act 1987 section 127
130: Computer freehold registers for commercial redress properties and deferred selection property
1: This section applies to each of the following properties that is to be transferred to the trustees under section 127
a: a commercial redress property (other than licensed land):
b: the deferred selection property.
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a computer freehold register; or
b: there is no computer freehold register for all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
4: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
5: In this section and sections 131 132 authorised person
131: Computer freehold register for licensed land
1: This section applies to licensed land that is to be transferred to the trustees under section 127
2: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register in the name of the Crown for the fee simple estate in the property; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
132: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of sections 130 131
2: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and
b: the Registrar-General must comply with the request.
133: Application of other enactments
1: This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property or deferred selection property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
6: In exercising the powers conferred by section 127
7: Subsection (6) is subject to subsections (2) and (3).
8: The marginal strip reserved by section 24
9: The Registrar-General must record the reduction of the marginal strip on the computer freehold register.
134: Taurewa Station
1: This section applies on and from the commencement date of this Act.
2: The chief executive of the Ministry of Justice is authorised to—
a: accept, on behalf of her Majesty the Queen, a transfer of Taurewa Station from Landcorp Holdings Limited to Her Majesty the Queen; and
b: sign the transfer instrument or other document, or do anything else, as necessary to effect the transfer.
3: For the purposes of the transfer of Taurewa Station under subsection (2), section 42
2: Licensed land
135: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989
136: Trustees are confirmed beneficiaries and licensors of licensed land
1: The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under the Crown forestry licence since the commencement of the licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries in relation to the licensed land.
3: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
4: Notice given by the Crown under subsection (3) has effect as if—
a: the Waitangi Tribunal made a recommendation under section 8HB(1)﻿(a)
b: the recommendation became final on the settlement date.
5: The trustees are the licensors under the Crown forestry licence as if the licensed land were returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)﻿(b)
137: Effect of transfer of licensed land
1: Section 136
a: the transfer of the fee simple estate in the licensed land has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence have been completed.
2: To the extent that the Crown has not completed the processes referred to in subsection (1)﻿(b) before the settlement date, it must continue those processes—
a: on and after the settlement date; and
b: until the processes are completed.
3: For the period starting on the settlement date and ending on the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 6.23 and 6.24 of part 6 of the property redress schedule.
4: However, the calculation of the licence fee under subsection (3) is overridden by any agreement made by the trustees as licensor, the licensee, and the Crown.
5: On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as references to the trustees.
3: Access to protected sites
138: Right of access to protected sites
1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special cultural, historical, or spiritual significance to have access across the land to each protected site.
2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: The right of access is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access that are reasonably required—
i: for the safety of people; or
ii: for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: for operational reasons.
139: Right of access over licensed land
1: A right of access over licensed land is subject to the terms of any Crown forestry licence.
2: However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.
3: An amendment to a Crown forestry licence is of no effect to the extent that it would—
a: delay the date from which a person may exercise a right of access; or
b: adversely affect a right of access in any other way.
140: Right of access to be recorded on computer freehold register
1: This section applies to the transfer to the trustees of the licensed land.
2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
3: The Registrar-General must, upon the registration of the transfer of the land, record on the computer freehold register for the land that the land is subject to a right of access to protected sites on the land.
4: Right of first refusal over RFR land
141: Interpretation
In this subpart and Schedule 5 control
a: for a company, control of the composition of its board of directors; and
b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body
a: a Crown entity, as defined in section 7(1)
b: a State enterprise, as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of
a: means—
i: to transfer or vest the fee simple estate in the land; or
ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
b: to avoid doubt, does not include—
i: to mortgage, or give a security interest in, the land; or
ii: to grant an easement over the land; or
iii: to consent to an assignment of a lease, or to a sublease, of the land; or
iv: to remove an improvement, a fixture, or a fitting from the land expiry date sections 144(2)﻿(a) 145 notice offer section 144 public work section 2 related company section 2(3) RFR area RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 150(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the settlement date; or
ii: after the settlement date, under section 151(1) RFR period subsidiary section 5
142: Meaning of RFR land
1: In this subpart, RFR land
a: means the land that is within the RFR area, other than the land specified in subsection (2), that on the settlement date—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown that would, on the application of section 25 27
b: includes any land obtained in exchange for a disposal of RFR land under section 155(1)﻿(c) 156
c: does not include a commercial redress property.
2: The land referred to in subsection (1)﻿(a) is—
a: any Collective RFR property; and
b: any Ngāti Tūrangitukua RFR property; and
c: Part No 2 playing fields/ Toi Ohomai Institute of Technology Limited
3: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees or their nominee (for example, under section 127 section 148
ii: any other person (including the Crown or a Crown body) under section 143(d)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 152 to 158
ii: under any matter referred to in section 159(1)
c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 167
d: the RFR period for the land ends.
4: In this section,— CNI Forests Iwi Collective Deed Collective RFR property Ngāti Tūrangitukua RFR property Part No 2 playing fields/Toi Ohomai Institute of Technology Limited Campus, Horomatangi Street, Taupo Gazette Section 142(2)﻿(c) amended 1 August 2020 section 668 Education and Training Act 2020 Section 142(4) Part No 2 playing fields/Toi Ohomai Institute of Technology Limited Campus, Horomatangi Street, Taupo inserted 1 August 2020 section 668 Education and Training Act 2020 Section 142(4) Part No 2 playing fields/Wairiki Bay of Plenty Polytechnic Campus, Horomatangi Street, Taupo repealed 1 August 2020 section 668 Education and Training Act 2020 Restrictions on disposal of RFR land
143: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of—
a: under any of sections 149 to 158
b: under any matter referred to in section 159(1)
c: in accordance with a waiver or variation given under section 167
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees if the offer to the trustees was—
i: made in accordance with section 144
ii: made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
iii: not withdrawn under section 146
iv: not accepted under section 147 Trustees’ right of first refusal
144: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.
2: The notice must include—
a: the terms of the offer, including its expiry date; and
b: the legal description of the land, including any interests affecting it, and the reference for any computer register for the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer.
145: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees receive notice of the offer if—
a: the trustees received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
146: Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
147: Acceptance of offer
1: The trustees may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees must accept all the RFR land offered, unless the offer permits them to accept less.
148: Formation of contract
1: If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustees on the terms in the offer.
2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees.
3: Under the contract, the trustees may nominate any person (the nominee
4: The trustees may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If the trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land
149: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 149(2) amended 1 August 2020 section 668 Education and Training Act 2020
150: Disposal of existing public works to local authorities
1: An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
151: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land
152: Disposal in accordance with obligations under enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
153: Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the settlement date; or
ii: was conditional before the settlement date but became unconditional on or after the settlement date; or
iii: arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or
b: the requirements, existing before the settlement date, of a gift, an endowment, or a trust relating to the land.
154: Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 34 43 44
c: section 355(3)
d: an Act that—
i: excludes the land from a national park within the meaning of the National Parks Act 1980
ii: authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977
155: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)﻿(a)
d: section 117(3)﻿(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)﻿(e)
156: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
157: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
158: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the settlement date; or
ii: on or after the settlement date under a right of renewal in a lease granted before the settlement date; or
c: under section 93(4) RFR landowner obligations
159: RFR landowner’s obligations subject to other matters
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps, for the purposes of subsection (1)﻿(b)﻿(ii), do not include steps to promote the passing of an enactment. Notices about RFR land
160: Notice to LINZ of RFR land with computer register after settlement date
1: If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
2: If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
4: The notice must include the legal description of the land and the reference for the computer register.
161: Notice to trustees of disposal of RFR land to others
1: An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees or their nominee.
2: The notice must be given on or before the date that is 20 working days before the day of the disposal.
3: The notice must include—
a: the legal description of the land, including any interests affecting it; and
b: the reference for any computer register for the land; and
c: the street address for the land (if applicable); and
d: the name of the person to whom the land is being disposed of; and
e: an explanation of how the disposal complies with section 143
f: if the disposal is to be made under section 143(d)
162: Notice to LINZ of land ceasing to be RFR land
1: This section applies if land contained in a computer register is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees or their nominee (for example, under section 127 section 148
ii: any other person (including the Crown or a Crown body) under section 143(d)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 152 to 158
ii: under any matter referred to in section 159(1)
c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 167
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must include—
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land.
163: Notice requirements
Schedule 5
a: an RFR landowner; or
b: the trustees. Right of first refusal recorded on computer registers
164: Right of first refusal to be recorded on computer registers for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,—
a: the RFR land for which there is a computer register on the settlement date; and
b: the RFR land for which a computer register is first created after the settlement date; and
c: land for which there is a computer register that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the settlement date, for RFR land for which there is a computer register on the settlement date; or
b: after receiving a notice under section 160
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 142
b: subject to this subpart (which restricts disposal, including leasing, of the land).
165: Removal of notifications when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 162
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land; and
d: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notification recorded under section 164
166: Removal of notifications when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
a: the reference for each computer register for that RFR land that still has a notification recorded under section 164; and
b: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 164 General provisions applying to right of first refusal
167: Waiver and variation
1: The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
2: The trustees and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
168: Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
169: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if the RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional document; and
b: has given the notices required by subsection (2).
2: The RFR holder must give notices to each RFR landowner that—
a: state that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specify the date of the assignment; and
c: specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specify the street address, postal address, and fax number or electronic address for notices to the assignees.
3: This subpart and Schedule 5 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees, with any necessary modifications.
4: In this section,— constitutional document RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section.
4: Other redress
1: Te Kōpua Kānapanapa
Interpretation
170: Interpretation
In this subpart, subparts 2 3 Schedule 6 appointers elected council member section 5(1) hearing commissioner section 39A local authority local government legislation
a: the Local Authorities (Members’ Interests) Act 1968
b: the Local Government Act 2002
c: the Local Government Act 1974
d: the Local Government Official Information and Meetings Act 1987 overlapped catchment area register section 185 RMA planning document
a: means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA
b: includes a proposed plan within the meaning of section 43AAC Taupo Catchment Te Kaupapa Kaitiaki section 173(2)﻿(b) Te Kōpua Kānapanapa section 171 Te Kōpua Kānapanapa established
171: Establishment of Te Kōpua Kānapanapa
1: This section establishes Te Kōpua Kānapanapa.
2: Despite the membership of Te Kōpua Kānapanapa as described in section 175 clause 30(1)﻿(b) of Schedule 7
3: Despite Schedule 7
a: is a permanent committee; and
b: must not be discharged except with the unanimous agreement of all the appointers. Purpose, functions, and powers of Te Kōpua Kānapanapa
172: Purpose of Te Kōpua Kānapanapa and Ngāti Tūwharetoa’s vision for Taupo Catchment
1: The purpose of Te Kōpua Kānapanapa is—
a: to restore, protect, and enhance the environmental, cultural, and spiritual health and well-being of the Taupo Catchment for the benefit of Ngāti Tūwharetoa and all people in the Taupo Catchment (including future generations); and
b: to provide strategic leadership on the sustainable and integrated management of the Taupo Catchment for the benefit of Ngāti Tūwharetoa and all people in the Taupo Catchment (including future generations); and
c: to enable Ngāti Tūwharetoa to exercise mana and kaitiakitanga over the Taupo Catchment, in partnership with the local authorities; and
d: to give effect to the vision in Te Kaupapa Kaitiaki.
2: In achieving its purpose, Te Kōpua Kānapanapa must—
a: respect Ngāti Tūwharetoa tikanga; and
b: provide for the relationship of Ngāti Tūwharetoa and their culture and traditions with their ancestral lands, water, geothermal resources, sites, wāhi tapu, and other taonga.
3: Ngāti Tūwharetoa’s vision is for a healthy Taupo Catchment that is capable of sustaining the whole community and that is managed in a manner that reflects Ngāti Tūwharetoa tikanga.
4: Ngāti Tūwharetoa’s vision is founded on the following principles derived from tikanga:
a: the principle of mauri: the health and well-being of the Taupo Catchment reflects and nourishes the health and well-being of Ngāti Tūwharetoa:
b: the principle of mana: the active protection and restoration of the relationship of Ngāti Tūwharetoa with the Taupo Catchment (including Ngāti Tūwharetoa’s mana whakahaere and kaitiaki role):
c: the principle of te whanake: the sustainable development of Ngāti Tūwharetoa’s taonga, Ngāti Tūwharetoa, and the whole community:
d: the principle of integrated management: the natural resources within the Taupo Catchment are interdependent and should be managed in an integrated manner.
173: Functions of Te Kōpua Kānapanapa
1: The principal function of Te Kōpua Kānapanapa is to achieve its purpose.
2: Te Kōpua Kānapanapa has the following specific functions:
a: to promote the restoration, protection, and enhancement of the environmental, cultural, and spiritual well-being of the Taupo Catchment; and
b: to prepare and approve Te Kaupapa Kaitiaki in accordance with subpart 2 Part 2
c: to monitor the implementation and effectiveness of Te Kaupapa Kaitiaki; and
d: to advise local authorities and relevant agencies regarding projects, initiatives, action, or research intended to restore, protect, or enhance the health and well-being of the Taupo Catchment; and
e: to support the integrated and collaborative management of the Taupo Catchment; and
f: to support the integrated management of the Taupo Catchment with the management of the Waikato River and the Whanganui River; and
g: to engage with, seek advice from, and provide advice to local authorities and relevant agencies on matters relating to the health and well-being of the Taupo Catchment; and
h: to establish and maintain a register of accredited hearing commissioners; and
i: to participate in any statutory or non-statutory process that concerns or has implications for the health and well-being of the Taupo Catchment, including by making submissions on planning or resource consent processes under the Resource Management Act 1991
j: to take any other action that Te Kōpua Kānapanapa considers appropriate to achieving its purpose.
3: Te Kōpua Kānapanapa has discretion in any particular circumstance as to whether, how, and to what extent, it will perform any function specified in subsection (2).
174: General powers of Te Kōpua Kānapanapa
1: Te Kōpua Kānapanapa has all the powers reasonably necessary to carry out its functions—
a: in accordance with this subpart and subparts 2 3 Schedule 6
b: subject to paragraph (a), in accordance with local government legislation.
2: Te Kōpua Kānapanapa may perform any function of a local authority if and to the extent that that function has been delegated to it by a local authority. Members
175: Appointment of members of Te Kōpua Kānapanapa
1: Te Kōpua Kānapanapa consists of 8 members appointed as follows:
a: 4 members appointed by the trustees:
b: 2 members appointed by the Waikato Regional Council:
c: 2 members appointed by the Taupo District Council.
2: When making their appointments, the trustees must have regard to achieving representation from throughout the Taupo Catchment.
3: The trustees must appoint 1 member from a shared hapū of Ngāti Raukawa and Ngāti Tūwharetoa.
4: Each member appointed by a local authority must be an elected council member of that authority.
5: In appointing a member to Te Kōpua Kānapanapa, an appointer must—
a: be satisfied that the person has the skills, knowledge, and experience to—
i: participate effectively in Te Kōpua Kānapanapa; and
ii: contribute to achieving the purpose of Te Kōpua Kānapanapa; and
b: have regard to the skills of any members already appointed, or to be appointed, to Te Kōpua Kānapanapa to ensure that the membership reflects a balanced mix of knowledge and experience in relation to the Taupo Catchment.
176: Duties of members
1: Each member of Te Kōpua Kānapanapa must—
a: seek to achieve the purpose of Te Kōpua Kānapanapa; and
b: without limiting paragraph (a), comply with the terms of appointment issued by the relevant appointer.
2: Part 1
177: Validity of acts not affected
Nothing done by Te Kōpua Kānapanapa is invalid because of—
a: a vacancy in the membership of Te Kōpua Kānapanapa at the time the thing was done; or
b: the subsequent discovery of a defect in the appointment of a person as a member. Term of Te Kōpua Kānapanapa
178: Term of appointment of members
1: A member of Te Kōpua Kānapanapa—
a: is appointed for a term of 3 years commencing on the 60th day after the polling day for the most recent triennial local government election unless the member resigns, is removed from office by the appointer of that member, or otherwise vacates office; and
b: may be reappointed.
2: Despite subsection (1), the term of office of the first members of Te Kōpua Kānapanapa—
a: commences on the settlement date; and
b: ends on the 59th day after the polling day for the next triennial local government election following the settlement date.
179: Advisers and persons who may attend meetings of Te Kōpua Kānapanapa
1: Te Kōpua Kānapanapa may appoint 1 or more kaumatua or kuia who are knowledgeable in tikanga to attend meetings and provide advice as required.
2: Te Kōpua Kānapanapa may seek advice or guidance from—
a: a person or an organisation with relevant skills, knowledge, or attributes to assist Te Kōpua Kānapanapa to perform its functions; and
b: a representative of a particular Ngāti Tūwharetoa hapū in respect of matters that are relevant to the area in which that hapū has or have mana whenua or mana moana; and
c: a representative of Ngāti Rangi in respect of matters that are relevant to an overlapped catchment area between Ngāti Rangi and Ngāti Tūwharetoa; and
d: a representative of the Ngāti Raukawa Settlement Trust in respect of matters that are relevant to an overlapped catchment area between Ngāti Raukawa and Ngāti Tūwharetoa.
3: A person or an organisation referred to in subsection (2)﻿(a) or a representative referred to in subsection (2)﻿(b) or (d) may attend a meeting of Te Kōpua Kānapanapa at the invitation of Te Kōpua Kānapanapa.
4: A representative of Ngāti Rangi may attend a meeting of Te Kōpua Kānapanapa at any time.
5: A representative of the Department of Conservation may attend a meeting of Te Kōpua Kānapanapa at which a matter of interest to the Department will be discussed.
6: A person who attends a meeting of Te Kōpua Kānapanapa by virtue of subsection (1), (2), (3), (4), or (5) does not have a vote at the meeting.
2: Te Kaupapa Kaitiaki
180: Te Kaupapa Kaitiaki
1: The purpose of Te Kaupapa Kaitiaki is to identify the matters described in subsection (2) in order to—
a: promote the sustainable and integrated management of the Taupo Catchment environment for the benefit of Ngāti Tūwharetoa and all people in the Taupo Catchment (including future generations); and
b: provide for the relationship of Ngāti Tūwharetoa and their culture and traditions with their ancestral lands, water, sites, geothermal resources, wāhi tapu, and other taonga; and
c: respect Ngāti Tūwharetoa tikanga in the management of the Taupo Catchment.
2: The matters referred to in subsection (1) are—
a: the vision, objectives, desired outcomes, and values for the Taupo Catchment:
b: any significant issues for the Taupo Catchment:
c: any other matters relevant to the Taupo Catchment.
3: Te Kaupapa Kaitiaki must not contain rules or other methods.
4: In preparing and approving Te Kaupapa Kaitiaki, Te Kōpua Kānapanapa may consider any of the following, to the extent that it is relevant to the purpose of Te Kaupapa Kaitiaki:
a: any information or document:
b: any enactment.
5: Part 2 Obligations of local authorities and Environmental Protection Authority in relation to Te Kaupapa Kaitiaki
181: Obligations of local authority in relation to RMA planning documents
1: A local authority must recognise and provide for the vision, objectives, desired outcomes, and values of Te Kaupapa Kaitiaki each time the authority—
a: prepares an RMA planning document; or
b: reviews or varies an RMA planning document.
2: A local authority must comply with subsection (1)—
a: to the extent that the RMA planning document relates to resource management issues in the Taupo Catchment; and
b: to the extent that Te Kaupapa Kaitiaki is relevant to the RMA planning document; and
c: in a manner that is consistent with the purpose of the Resource Management Act 1991
182: Effect of Te Kaupapa Kaitiaki on RMA planning documents and resource consent applications
1: This section applies to the Environmental Protection Authority or a local authority when deciding or processing an application for a resource consent or a review of the conditions of a resource consent if the resource consent relates to an activity listed in section 184(1)﻿(b)﻿(i) to (vi)
2: Until the local authority has complied with its obligations under section 181
183: Obligations of local authority in relation to long-term and annual plans under Local Government Act 2002
A local authority must, when preparing or approving any long-term or annual plan under the Local Government Act 2002
3: Hearing commissioners
184: Application
1: This subpart applies to any application under the Resource Management Act 1991
a: has been, or is to be, notified in accordance with the Resource Management Act 1991
b: relates to 1 or more of the following activities:
i: using land in the Taupo Catchment:
ii: taking heat or energy from water in the Taupo Catchment:
iii: taking heat or energy from the material surrounding geothermal water in the Taupo Catchment:
iv: taking, using, damming, or diverting water in the Taupo Catchment:
v: making a point source discharge to Lake Taupo or its tributaries:
vi: any activity listed in section 13(2A)
vii: any activity that the relevant authority considers appropriate for this subpart to apply to.
2: In this subpart, relevant authority
a: a Minister who appoints a board of inquiry under Part 6AA
b: a local authority that appoints 1 or more hearing commissioners for the purposes of Part 6
185: Register of hearing commissioners
1: Te Kōpua Kānapanapa may develop and maintain a register of hearing commissioners to hear and determine applications to which this subpart applies.
2: If Te Kōpua Kānapanapa develops a register, it must ensure that the register includes persons with skills, knowledge, and experience across a range of disciplines, including knowledge of tikanga and knowledge of the Taupo Catchment.
186: Appointment of hearing commissioners by relevant authority
1: The relevant authority must, on receipt of an application to which this subpart applies, inform Te Kōpua Kānapanapa of the application.
2: If the relevant authority decides, in accordance with the Resource Management Act 1991
a: must have particular regard to any register developed under section 185
b: may appoint 1 or more hearing commissioners listed on the register; and
c: must be guided by the need for the hearing commissioner to have the appropriate skills, knowledge, and experience, including an appropriate knowledge of tikanga; and
d: must be guided, if more than 1 hearing commissioner is appointed, by the need for the hearing panel to have an appropriate range of skills, knowledge, and experience; and
e: must, if the relevant authority is a Minister appointing a board of inquiry under Part 6AA sections 149J 149K
3: The relevant authority must, if requested by Te Kōpua Kānapanapa, provide Te Kōpua Kānapanapa with a written explanation of—
a: the reasons why it appointed a hearing commissioner in relation to a particular application; and
b: how the authority has complied with subsection (2).
4: Rangitaiki River Forum and Hawke’s Bay Regional Planning Committee
187: Membership of Rangitaiki River Forum
1: On the settlement date, the following appointments may be made to the membership of the Rangitaiki River Forum:
a: the trustees may appoint 1 person; and
b: the Bay of Plenty Regional Council may appoint 1 person (who must be an elected council member of that council).
2: The Rangitaiki River Forum is the same body as the Rangitaiki River Forum established by section 104 section 108
3: Subsection (1) applies despite the composition of the Rangitaiki River Forum provided for by section 108 section 112 section 50 section 68
4: All the provisions relating to the Rangitaiki River Forum set out in the Ngāti Manawa Claims Settlement Act 2012 Ngāti Whare Claims Settlement Act 2012
188: Hawke’s Bay Regional Planning Committee Act 2015 amended
1: This section amends the Hawke’s Bay Regional Planning Committee Act 2015
2: In section 4(1) trustees of the Ngati Tuwharetoa Hapu Forum Trust
3: In section 4(1) Te Kotahitanga o Ngāti Tūwharetoa
4: In section 11(1)﻿(d) Ngati Tuwharetoa Hapu Forum Trust Te Kotahitanga o Ngāti Tūwharetoa 2018-12-19 Hawke’s Bay Regional Planning Committee Act 2015
5: Taonga tūturu
189: Interpretation
In this subpart, unless the context otherwise requires— Accord area chief executive Protected Objects Act 1975 overlapping areas of interest trust
a: before settlement date, must be established by trust deed with its trustees appointed in accordance with clause 7.10.2 of the deed of settlement; and
b: on settlement date, is responsible for establishing and managing a whare taonga for taonga tūturu to which section 190 trustees
190: Taonga tūturu
1: This section applies to—
a: taonga tūturu that, on or after the settlement date, is found within the Accord area; and
b: taonga tūturu that,—
i: is identified by the chief executive as being of Ngāti Tūwharetoa in origin; and
ii: on or after the settlement date, is found anywhere else in New Zealand or within its territorial waters.
2: This section does not apply to taonga tūturu that is found in a customary marine title area.
3: The taonga tūturu must, until the ownership of taonga tūturu is determined under the Protected Objects Act 1975
4: If any taonga tūturu is provided to the trustees, the trustees must notify the chief executive in accordance with section 11(3)
5: Despite subsection (3), if the chief executive considers, in his or her discretion, that it would be more appropriate in the circumstances for the taonga tūturu to be held in accordance with other arrangements (for example, where conservation treatment is required), the chief executive—
a: must notify the trustees in writing in accordance with subsection (6); and
b: must decide the arrangements for the taonga tūturu, after having regard to the views of the trustees; and
c: must inform the trustees in writing of the final arrangements for the taonga tūturu.
6: The notice referred to in subsection (5) must—
a: set out the proposed arrangements for the taonga tūturu; and
b: give reasons for the proposed arrangements; and
c: seek the views of the trustees on how to best identify the appropriate cultural protection for the taonga tūturu; and
d: inform the trustees of their right to apply directly to the Maori Land Court to exercise its jurisdiction under section 12
7: The chief executive must inform the trustees in writing of any application to the Maori Land Court by any other person for the determination of any claim, whether at law or in equity, to the actual or traditional ownership, rightful possession, or custody of any taonga tūturu or to any right, title, estate, or interest in the taonga tūturu.
191: Trustees must inform interested iwi
1: The trustees must inform any interested iwi of—
a: any taonga tūturu to which section 190
b: any arrangements under section 190
2: In this section, interested iwi
6: Conservation management strategy affecting Manaaki Whenua Tūwharetoa
192: Interpretation
In this subpart, unless the context otherwise requires,— conservation management strategy section 17F Director-General Manaaki Whenua Tūwharetoa
a: means the area within the Ngāti Tūwharetoa area of interest that is shown in part 2 of the attachments; and
b: includes any identified area that is part of the Manaaki Whenua Tūwharetoa under section 194 Ngāti Tūwharetoa area of interest relevant mandated iwi representative or governance entity section 193(1)
193: Director-General and trustees jointly responsible for conservation management strategy affecting Manaaki Whenua Tūwharetoa
1: This section applies to any conservation management strategy that applies (whether wholly or in part) to the Manaaki Whenua Tūwharetoa.
2: The trustees and the Director-General are, despite sections 17D 17F
a: only to the extent that it applies to the Manaaki Whenua Tūwharetoa; and
b: in accordance with values that the trustees have developed with the Department of Conservation.
3: For the purpose of subsection (2), sections 17D 17F
4: The Director-General must notify the trustees in writing if he or she intends to prepare, amend, or review a conservation management strategy for an area that relates to the Manaaki Whenua Tūwharetoa.
194: Future extension of Manaaki Whenua Tūwharetoa to include identified area
1: The trustees may, within 3 months of receiving notice under section 193(4) identified area
a: to enable the trustees to have joint responsibility with the Director-General in preparing, amending, or reviewing the conservation management strategy for that area; and
b: to the extent that the strategy applies to the Ngāti Tūwharetoa area of interest.
2: Subsection (3) applies only if the trustees have—
a: satisfied the Director-General that the trustees have, in relation to the identified area, obtained the written agreement of any relevant mandated iwi representative or governance entity that the trustees and the Director-General should have joint responsibility in respect of the conservation management strategy as described in subsection (1)﻿(a); and
b: given the Director-General a report setting out the process that was followed in identifying and consulting any relevant mandated iwi representative or governance entity; and
c: given the Director-General evidence of the agreement referred to in paragraph (a) and any necessary information that the Director-General has requested for the purpose of paragraph (b).
3: If the Director-General is satisfied that the requirements of subsection (2) have been met and considers that the identified area could reasonably be considered to be part of the Manaaki Whenua Tūwharetoa, the Director-General must give notice in the Gazette
a: of the area of the Manaaki Whenua Tūwharetoa (including the identified area); and
b: that the trustees and the Director-General are jointly responsible for preparing, amending, or reviewing, as the case may be, a conservation management strategy—
i: that relates to any area within the Manaaki Whenua Tūwharetoa as described under paragraph (a); and
ii: to the extent that that area is within the Manaaki Whenua Tūwharetoa.
195: Minister and trustees jointly responsible under section 17F of Conservation Act 1987
The trustees and the Minister are jointly responsible for carrying out the Minister’s functions under section 17F
7: Conservation Act 1987 amended
196: Conservation Act 1987 amended
1: This section amends the Conservation Act 1987
2: Replace section 6P(5)﻿(a)
a: not more than 10 persons appointed under subsection (2); and
3: In section 6P(5)﻿(b) Minister ; and
4: After section 6P(5)﻿(b)
c: 1 person nominated by the trustees of Te Kotahitanga o Ngāti Tūwharetoa.
5: After section 6P(5)
5A: The Minister must, before making an appointment under subsection (2) to the Board whose area of jurisdiction includes Tongariro National Park, also have regard to any endorsement by the trustees of Te Kotahitanga o Ngāti Tūwharetoa of a person to be a member of the Board. 2018-12-19 Conservation Act 1987
8: Trout Centre property
197: Interpretation
In this subpart, Trout Centre property Schedule 4
198: Trout Centre property
1: The Trout Centre property is declared a reserve and classified as a recreation reserve subject to section 17
2: The Tongariro Trout Hatchery and Freshwater Ecology Centre Trust is the administering body of the reserve, and the Reserves Act 1977 section 26
3: To avoid doubt, subsection (2) is not a disposition for the purposes of Part 4A
4: Subsections (1) and (2) do not take effect until the trustees of the Tongariro Trout Hatchery and Freshwater Ecology Centre Trust—
a: have provided the Crown with a licence to occupy on the terms and conditions set out in part 8.8 of the documents schedule; and
b: have provided the Tongariro National Trout Centre Society Incorporated with a licence to occupy on the terms and conditions set out in part 8.9 of the documents schedule; and
c: have provided the Tongariro National Trout Centre Society Incorporated with a registrable lease in relation to the Te Kōwhai property on the terms and conditions set out in part 8.10 of the documents schedule; and
d: have provided the Tongariro National Trout Centre Society Incorporated with a registrable easement for a right of way on the terms and conditions set out in part 8.11 of the documents schedule; and
e: are incorporated as a board under the Charitable Trusts Act 1957
5: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
199: Interests in land for Trout Centre property
1: This section applies to all or the part of the Trout Centre property that remains a reserve under the Reserves Act 1977 reserve land
2: If the Trout Centre property is affected by an interest in land that is listed for the property in Schedule 4
3: Any interest in land that affects the Trout Centre property must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the Trout Centre property.
200: Interests that are not interests in land
1: This section applies if the Trout Centre property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 4
2: The interest applies as if the owners of the Trout Centre property were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies.
3: If all or part of the Trout Centre property is reserve land to which section 199
4: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the Trout Centre property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
201: Registration of ownership of Trout Centre property
1: The Registrar-General must, on written application by a person authorised by the Director-General,—
a: create a computer freehold register for the fee simple estate in the Trout Centre property in the name of the Crown; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
2: The Registrar-General must record on the computer freehold register that the land is subject to section 199(3)
3: Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.
4: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than 24 months after the settlement date.
202: Matters to be removed from computer freehold register
1: If the reservation of the Trout Centre property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notification that the property is subject to section 199(3)
b: part of the property, the Registrar-General must ensure that the notification referred to in paragraph (a) remains only on the computer freehold register for the part of the property that remains a reserve.
2: The Registrar-General must comply with an application received in accordance with subsection (1)﻿(a).
203: Application of other enactments
1: This section applies to the Trout Centre property while the property—
a: has an administering body that is treated as if the property were vested in it; and
b: remains a reserve under the Reserves Act 1977
2: Despite section 25 Public Works Act 1981
3: The Trout Centre property must not have a name assigned to it or have its name changed under section 16(10)
4: The Trout Centre property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
204: Taupo Fishery Regulations 2004 amended
1: This section amends the Taupo Fishery Regulations 2004
2: After regulation 38(3)
4: Despite anything to the contrary in these regulations, a person who has the prior written authority of Te Kotahitanga o Ngāti Tūwharetoa may for cultural purposes—
a: take trout from a designated raceway at the Tongariro National Trout Centre at any time; and
b: have that trout in his or her possession.
5: In subclause (4) cultural purposes
a: includes significant Ngāti Tūwharetoa hui, tangi, and other occasions; but
b: does not include any commercial purpose designated raceway Te Kotahitanga o Ngāti Tūwharetoa section 12 2018-12-19 Taupo Fishery Regulations 2004
5: Consequential revocations
205: Taupo Landing Reserve Regulations 1938 revoked
The Taupo Landing Reserve Regulations 1938 2018-12-19 Taupo Landing Reserve Regulations 1938
206: Tongariro Hatchery Anglers’ Camping Ground Regulations 1954 revoked
The Tongariro Hatchery Anglers’ Camping Ground Regulations 1954 (p 1994 New Zealand Gazette