Ngāti Manuhiri Claims Settlement Act 2012

1: Title
This Act is the Ngāti Manuhiri Claims Settlement Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions and settlement of historical claims
3: Purpose of Act
The purpose of this Act is to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Manuhiri.
4: Provisions take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless a provision states 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—
a: for the provision to have full effect on that date; or
b: for a power to be exercised, or for 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. It does not affect the interpretation or application of the other provisions of this Act or the deed of settlement.
2: This Part—
a: states 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: records the acknowledgements made and the apology given by the Crown in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Ngāti Manuhiri and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
h: provides for consequential amendments to the Treaty of Waitangi Act 1975
i: provides for the effect of the settlement on certain memorials recorded on computer registers; and
j: provides for the exclusion of the limit on the duration of a trust
k: provides for access to the deed of settlement.
3: Part 2
a: the requirement for the responsible Ministers of the Crown to issue to the trustees of the Ngāti Manuhiri Settlement Trust a conservation protocol, a Crown minerals protocol, and a taonga tūturu protocol; and
b: a statutory acknowledgement by the Crown of the statements made by Ngāti Manuhiri of their cultural, spiritual, historical, and traditional associations with certain statutory areas; and
c: the requirement for the Crown to issue a deed of recognition to the trustees; and
d: the application of a whenua rāhui to certain whenua rāhui sites by the Crown's acknowledgement of the values of Ngāti Manuhiri in relation to the relevant sites; and
e: the vesting of certain cultural redress properties in the trustees or, for Te Maraeroa, in Rahui Te Kiri with the trustees administering the property; and
f: the assignment and alteration of geographic names for certain geographic features; and
g: the vesting of the Te Hauturu-o-Toi / Little Barrier Island gift area in the trustees, before the gift area is vested back in the Crown as a gift back to the Crown by the trustees for the people of New Zealand; and
h: the co-governance of the Te Hauturu-o-Toi / Little Barrier Island gift area by the trustees and the relevant Conservation Board; and
i: provision for members of Ngāti Manuhiri to remove stones by hand from the Te Hauturu-o-Toi / Little Barrier Island gift area for cultural purposes.
4: Part 3
a: the transfer of commercial redress properties (including the licensed land) to the trustees to give effect to the deed of settlement; and
b: provision for a right of access to certain protected sites on the licensed land; and
c: a right of first refusal in relation to RFR land that may be exercised by the trustees.
5: There are 4 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4 Section 6(2)﻿(j) amended 30 January 2021 section 161 Trusts Act 2019 Acknowledgements and apology of the Crown
7: Acknowledgements and apology
1: Sections 8 9
2: The acknowledgements and apology are to be read together with the historical account of the relations between Ngāti Manuhiri and the Crown set out in part 2 of the deed of settlement.
8: Text of acknowledgements
Whakaaetanga
1: Ka whakaaetia e te Karauna i hē te whakatutuki i ngā aureretanga o Ngāti Manuhiri nō mai rā anō i runga i te tika me te pono ā, kua roa rawa te whakaaetanga me te whakatutukitanga o ēnei nawe.
2: Ka whakaaetia e te Karauna, nā te hokonga o te rohe whānui rawa e kīia ana ko Mahurangi me Ōmaha Tiriti o Waitangi
a: nā te kore whakahaere uiuitanga i ngā mana tuku iho i te wā i hokona ai ēnei whenua;
b: nā te hokonga o ēnei whenua me te kore aronga atu me te whakaaetanga kore o Ngāti Manuhiri; ā
c: nā te kore tuku kamupeniheihana e tika ana me te kore whakarato whenua rāhui hei whakamahinga, hei oranga anō mō Ngāti Manuhiri ā muri ake, ka mārama ana ki ō rātou pānga ki te rohe i hokona ai.
3: Ka whakaaetia anōtia e te Karauna:
a: Kikī ana ngā whenua o Mahurangi me Ōmaha
b: Nā ngā tikanga whakahaere i tuku whenua atu ai te Karauna ki ngā kainoho whenua ki roto i te rohe hoko, tae atu ki ngā kerēme whenua o mua
c: Nōna te hapa mō te kore i āta rurihia, i āta tautihia rānei te hokonga o Mahurangi me Ōmaha
d: I te wā i whakaaetia ai e te Karauna ngā pānga o Ngāti Manuhiri ki ēnei whenua, kua nuku kē ngā kainoho whenua ki roto i te rohe ā, ko te mutunga kē, kāhore he huarahi e wātea ana ki a Ngāti Manuhiri i tua atu i te whakaaetanga ki te kamupeniheihana me ngā whenua rāhui itiiti nei; ā
e: Ka whakaritea hokonga anō mai i te tau 1853 i inaki atu ai ki ngā whenua o Mahurangi me Ōmaha
4: Ka whakaetia e te Karauna te whakaritenga i roto i te tohuōkawa o Mangawhai i te tau 1854 kia whakapauhia te 10 ōrau o ngā moni mai i te hokonga o tēnei poraka ….hei oranga mō ngā Māori 10 ōrau
5: Ka whakaaetia e te Karauna nāna i whiu tētahi rangatira nō Ngāti Manuhiri mō tana muru i ngā kainoho whenua i Matakana nā te akiaki i a ia ki te tuku i ōna pānga ki ētahi whenua ki wāhi kē, ahakoa tōna hiahia kia puritia tonutia e ia ā, he takahi tēnei i te Tiriti o Waitangi
6: Ka whakaaetia e te Karauna, nā te whakahaere me te papānga o ngā ture whenua Māori, tae atu ki te tuku taitara ki ngā tāngata takitahi nō Ngāti Manuhiri, tēnā ki te iwi, ki te hapū rānei, i mōrearea ai te tapahi, te whakawehewehe me te rironga atu o ēnei whenua ā, taro rawa ake ka kino anō te papānga ki a Ngāti Manuhiri. Nā tēnei mahi āna, ka waimehatia anōtia ngā tikanga ā-iwi tuku iho o Ngāti Manuhiri. Nō te Karauna anō te hapa mō te kore whakarato ōna i ngā kaupapa e noho haumaru ai ēnei tikanga ā, he takahi anō tērā i te Tiriti o Waitangi
7: Ka whakaaetia anōtia e te Karauna ngā utu teitei o roto i te tikanga tautuhi taitara a te Kōti Whenua Māori, tae atu ki ngā utu ā-rūri, ā-whakawā hoki, i riro whenua atu anō ai nō Ngāti Manuhiri.
8: Ka whakaaetia e te Karauna te ngaronga atu o ngā wāhi tapu, tae atu ki ērā i hiahiatia ai e ngā rangatira o Ngāti Manuhiri te pupuri tonu ā, he kino tēnei mō te oranga ā-tikanga, ā-wairua o Ngāti Manuhiri.
9: Ka whakaaetia e te Karauna nā tana hokonga o Hauturu:
a: Ka whakamahia ōna mana whakatopatopa ki te aukati atu i ngā kaihoko tūmataiti ā, tē taea e ngā tāngata whenua te whakatupu whiwhinga moni mai i ngā rawa rākau o te motu;
b: Ka whiriwhiri kōrero ia me ngā kaipupuri hea takitahi tēnā me ngā tāngata whenua hei rōpū tōpū;
c: Ka whakatairangatia he hanganga ā-ture, te Little Barrier Island Purchase Act 1894 ā, ka whakamahia e ia kia hokona heretia ngā hea o aua tāngata takitahi i whakahē ai ki te hoko; ā
d: Ka tūkinotia te mana o ngā uri nō Ngāti Manuhiri i te motu e noho ana, tae atu ki ngā tāngata i whakahē atu ki te kamupeniheihana mō ō rātou hea i tangohia ai i raro i te Ture me tō rātou peitanga atu i te tau 1869. Ka whakaaetia e te Karauna, kāhore i tika ngā āhuatanga i riro atu ai ki a ia te mana whakahaere o Hauturu ā, nā konā i takahi ai te Tiriti o Waitangi
10: Ka whakaetia anōtia e te Karauna:
a: Nā te tikanga uiuitanga mō Hauturu i kino ai ngā whanaungatanga ki roto tonu i a Ngāti Manuhiri, ki waenganui rānei i a rātou me ō rātou kiritata ā-iwi; ā
b: Nā te rironga atu o te mana tangata whenua, me te āheinga atu, ki Hauturu, he nawe tonu, he mamae nui anō ki a Ngāti Manuhiri.
11: Ka whakaaetia e te Karauna te ngākaunui o Ngāti Manuhiri ki te whakaaetanga o te Karauna kia whakawhitia anōtia a Hauturu, mā tēnei whakaritenga, ki a Ngāti Manuhiri me te takoha atu o Ngāti Manuhiri i te motu ki te Karauna kia whakapūmautia ai a Hauturu hei Rāhui Tāiao mō te painga o ngā iwi o Aotearoa.
12: Ka whakaaetia e te Karauna i haere tonu tōna hokonga o ngā whenua i whakawākia i te Kōti Whenua Māori, ko ērā i pupuri pānga ai a Ngāti Manuhiri tae atu ki ngā hokonga mai i te tamariki. Ka whakaaetia anōtia e te Karauna tōna hapa ki te aroturuki i te papānga o ōna hokonga ki runga i ngā pānga whenua o Ngāti Manuhiri ā, hāunga anō ngā whakaritenga mārama o ngā whakakitenga o te Kōmihana Stout-Ngata i te tau 1907, ka haere tonu tōna hokohoko whenua tae atu ki te poraka whakamutunga e toe ana ki a rātou, arā, ko Pākiri Nama 1 tērā.
13: Ka whakaaetia e te Karauna, neke atu i te 1900 ngā uri o Ngāti Manuhiri i mahue mai hei tangata whenua kore ā, nō te Karauna anō te hē ki te whakaū whenua e tika ana ki a Ngāti Manuhiri mō ō rātou hiahia o nāianei, ā ngā tau e heke mai ana ā, he takahi tērā i te Tiriti o Waitangi
14: Ka whakaaetia e te Karauna, nā runga i ngā kaupapa whakawhanake whenua, i ngaro atu ai ngā huarahi e taea ai te noho ki runga me te whakamahi i ō rātou whenua ā, nā te whakawehewehenga o aua whenua ka puta he āhuatanga ōhanga kore ā, ka tautokona anōtia te rironga whenua atu anō.
15: Ka whakaaetia e te Karauna ngā taumahatanga haere tonu o Ngāti Manuhiri ki te whakahaere i ngā whenua ruarua e toe tonu ana, tae atu ki te tokomaha o ngā kaipupri pānga, ngā raruraru āheinga me ngā uaratanga teitei ki runga i ō rātou whenua i te takutai, hāunga anō ngā aukatinga mō te whakawhanaketanga. Acknowledgement
1: The Crown acknowledges that it has failed to deal with the long-standing grievances of Ngāti Manuhiri in an appropriate way and that recognition, and provision of redress for these grievances is long overdue.
2: The Crown acknowledges that in purchasing the extensive area called Mahurangi and Ōmaha Treaty of Waitangi
a: failing to conduct any investigation of customary rights when it purchased these lands; and
b: acquiring these lands without the knowledge and consent of Ngāti Manuhiri; and
c: failing to provide adequate compensation and reserves for the future use and benefit of Ngāti Manuhiri when it later learned of their interests in the purchase area.
3: The Crown further acknowledges that—
a: the Mahurangi and Ōmaha
b: the process whereby the Crown granted land to settlers within the purchase area, including “old land claims”, compounded the prejudice arising from the 1841 transaction; and
c: it failed to properly survey and define the Mahurangi and Ōmaha
d: by the time the Crown recognised Ngāti Manuhiri interests in these lands settlers had begun to move into the area and Ngāti Manuhiri were left with no option other than to accept compensation and inadequate reserves; and
e: it carried out further purchases from 1853 that overlapped with the Mahurangi and Ōmaha
4: The Crown acknowledges that the 1854 Mangawhai deed contained provision that ten per cent of the proceeds of the sale of this block … is to be expended for the benefit of the Natives
5: The Crown acknowledges that it punished a Ngāti Manuhiri chief for his role in a muru (ritualised plunder for compensation) of settlers at Matakana by pressuring him to cede his ancestral interests in land elsewhere that he wished to retain, and this was in breach of the Treaty of Waitangi
6: The Crown acknowledges that the operation and impact of the native land laws, in particular the awarding of land title to individual Ngāti Manuhiri rather than to the iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation, and that this had a detrimental effect on Ngāti Manuhiri. This further contributed to the erosion of the traditional tribal structures of Ngāti Manuhiri. The Crown failed to take adequate steps to protect those structures and this was in breach of the Treaty of Waitangi
7: The Crown further acknowledges that the Native Land Court title determination process carried significant costs, including survey and hearing costs, which at times led to further alienations of Ngāti Manuhiri land.
8: The Crown acknowledges the loss of Ngāti Manuhiri wāhi tapu, including those that Ngāti Manuhiri rangatira wished to retain, and that this loss was prejudicial to Ngāti Manuhiri cultural and spiritual well-being.
9: The Crown acknowledges that in acquiring Te Hauturu-o-Toi / Little Barrier Island it—
a: used monopoly powers to exclude private purchasers and prevent owners from generating revenue from the timber resources of the island; and
b: negotiated with individual share-holders rather than with the owners as a whole; and
c: promoted special legislation, the Little Barrier Island Purchase Act 1894, and used it to compulsorily acquire the shares of those individuals who refused to sell; and
d: showed blatant disregard for those Ngāti Manuhiri resident on the island, including persons who had refused to accept compensation for their shares taken under the Act, by forcibly evicting them in 1896. The Crown acknowledges that it acted in an unreasonable and unfair manner to secure the ownership of Te Hauturu-o-Toi / Little Barrier Island and this conduct was in breach of the Treaty of Waitangi
10: The Crown also acknowledges—
a: the title investigation process for Te Hauturu-o-Toi / Little Barrier Island damaged relationships within Ngāti Manuhiri and between them and their tribal neighbours; and
b: the loss of ownership of, and access to, Te Hauturu-o-Toi / Little Barrier Island has remained a source of ongoing grievance and sorrow for Ngāti Manuhiri.
11: The Crown acknowledges the generosity of spirit shown by Ngāti Manuhiri in agreeing that the Crown transfer Te Hauturu-o-Toi / Little Barrier Island, through this settlement, to Ngāti Manuhiri and that Ngāti Manuhiri gift it back to the Crown to ensure that Te Hauturu-o-Toi / Little Barrier Island remains a nature reserve for the benefit of the people of New Zealand.
12: The Crown acknowledges that it continued to purchase lands that had passed through the Native Land Court in which Ngāti Manuhiri held interests, including purchases from minors. The Crown also acknowledges that it failed to monitor the impact of its purchases on Ngāti Manuhiri landholdings and, despite the clear implications of the Stout–Ngata Royal Commission's findings in 1907, continued to acquire land including within their last remaining block, Pākiri No. 1.
13: The Crown acknowledges that by around 1900 Ngāti Manuhiri were left virtually landless and that the Crown's failure to ensure that Ngāti Manuhiri retained sufficient land for their present and future needs was a breach of the Treaty of Waitangi
14: The Crown acknowledges that, under land development schemes, many Ngāti Manuhiri owners effectively lost the opportunity to live on and use their land and that partitioning of these lands created uneconomic units and contributed to further land alienation.
15: The Crown acknowledges the ongoing difficulties Ngāti Manuhiri have experienced managing their few residual lands, including high levels of multiple ownership, problems of access, and the high valuations placed on their coastal lands despite restrictions on their development.
9: Text of apology
Whakapāhatanga
1: Ka whakaaetia e te Karauna te kaha me ngā pakanga o ngā tūpuna o Ngāti Manuhiri ki te whai i ō rātou kerēme mō te whakatikatika me te whakatau pono ā, ka tuku tēnei whakapāhatanga atu ki a Ngāti Manuhiri, ki ō rātou tūpuna me ō rātou uri.
2: Ka nui te pōuritanga o te Karauna mō ōna takahitanga i te Tiriti o Waitangi
3: He herenga kore te whakapāhatanga a te Karauna mō tōna kore aronga ki ōna herenga ki a Ngāti Manuhiri i raro i te Tiriti o Waitangi Apology
1: The Crown recognises the efforts and struggles of the ancestors of Ngāti Manuhiri in pursuit of their claims for redress and justice and makes this apology to Ngāti Manuhiri, to their ancestors, and to their descendants.
2: The Crown profoundly regrets its breaches of the Treaty of Waitangi
3: The Crown unreservedly apologises for not having honoured its obligations to Ngāti Manuhiri under the Treaty of Waitangi Interpretation
10: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
11: Interpretation
In this Act, unless the context requires another meaning,— administering body section 2(1) affected person section 2AA(2) commercial redress property
a: means a property listed in part 3 of the property redress schedule; and
b: to avoid doubt, includes the licensed land Commissioner of Crown Lands section 2 consent authority section 2(1) Conservation Authority section 6A conservation document 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) conservation protocol
a: means the protocol issued by the Minister of Conservation under section 20(1)﻿(a)
b: includes any amendments made to the protocol under section 20(1)﻿(b) conservation protocol area 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 section 2(1) Crown body
a: a Crown entity (as defined by section 7(1)
b: a State enterprise (as defined by 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) Crown forestry licence
a: means a licence granted under section 14
b: in relation to the licensed land, means the licence described in relation to that land in part 3 of the property redress schedule Crown forestry rental trust Crown forestry rental trust deed section 34 Crown minerals protocol
a: means the protocol issued by the Minister of Energy and Resources under section 20(1)﻿(a)
b: includes any amendments made to the protocol under section 20(1)﻿(b) Crown minerals protocol area cultural redress property section 61 deed of recognition
a: means a deed of recognition issued under section 37
b: includes any amendments to the deed made under section 37 deed of settlement
a: means the deed of settlement for Ngāti Manuhiri dated 21 May 2011, entered into by the Crown, Ngāti Manuhiri, and the Ngāti Manuhiri Settlement Trust; and
b: includes any schedules of or attachments to the deed; and
c: includes any amendments to the deed Director-General documents schedule effective date freshwater fisheries management plan section 2(1) Heritage New Zealand Pouhere Taonga section 9 historical claims section 13 interest land holding agency licensed land
a: means the land described as licensed land in part 3 of the property redress schedule; but
b: excludes—
i: all trees growing, standing, or lying on the land; and
ii: all improvements acquired by a purchaser of the trees on the land; and
iii: all improvements made by the purchaser or the licensee after the purchaser acquires the trees on the land LINZ local authority section 5(1) member of Ngāti Manuhiri section 12(1)﻿(a) national park management plan section 2 Ngāti Manuhiri section 12(1) Ngāti Manuhiri Settlement Trust property redress schedule protocol
a: means a protocol issued under section 20(1)﻿(a)
b: includes any amendments made to the protocol under section 20(1)﻿(b) public work section 2 regional council section 2(1) Registrar-General section 4 related company section 2(3) representative entity
a: the trustees; and
b: a person (including a trustee) acting for, or on behalf of,—
i: the collective group referred to in section 12(1)﻿(a)
ii: 1 or more members of Ngāti Manuhiri; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 12(1)﻿(c) resource consent section 2(1) responsible Minister
a: for the conservation protocol, the Minister of Conservation; or
b: for the Crown minerals protocol, the Minister of Energy and Resources; or
c: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage; or
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 RFR land section 112 settlement date statutory acknowledgement section 26 statutory plan
a: means a district plan, regional plan, regional coastal plan, regional policy statement, or proposed policy statement (as defined by section 43AA
b: includes a proposed plan (as defined by section 43AAC subsidiary section 5 taonga tūturu
a: has the meaning given by section 2(1)
b: includes ngā taonga tūturu (as defined by section 2(1) taonga tūturu protocol
a: means the protocol issued by the Minister for Arts, Culture and Heritage under section 20(1)﻿(a)
b: includes any amendments made to the protocol under section 20(1)﻿(b) Te Hauturu-o-Toi / Little Barrier Island gift area Gazette tikanga transfer trustees whenua rāhui section 42 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; and
b: a day in the period starting on 25 December in a year and ending on 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the day observed as the anniversary of the province of Auckland or Wellington. Section 11 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 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 Section 11 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
12: Meaning of Ngāti Manuhiri
1: In this Act, Ngāti Manuhiri
a: means the collective group composed of individuals who are descended from an ancestor of Ngāti Manuhiri; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals.
2: In this section,— ancestor of Ngāti Manuhiri
a: exercised customary rights by virtue of being descended from Manuhiri; and
b: exercised the customary rights in the area of interest of Ngāti Manuhiri at any time after 6 February 1840 area of interest of Ngāti Manuhiri 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: whāngai (Māori customary adoption) in accordance with Ngāti Manuhiri tikanga.
13: 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 Manuhiri or a representative entity had on or before the settlement date, or may have after the settlement date, (whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date) and that—
a: is, or 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 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 Manuhiri or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
i: Wai 280—Little Barrier Island claim:
ii: Wai 487—Hauturu (Little Barrier Island) claim:
iii: Wai 532—Mangawhai Lands and Hauraki Gulf claim:
iv: Wai 567—Hauturu (Little Barrier Island)—Wi Taiawa Family claim; and
b: any 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 Manuhiri or a representative entity:
i: Wai 244—Ngāti Wai claim:
ii: Wai 1811—Māori Representation in Government claim:
iii: Wai 2181—Nga Uri o Maki lands and resources claims.
4: However, the historical claims do not include—
a: a claim that a member of Ngāti Manuhiri, or a whānau, hapū, or group referred to in section 12(1)﻿(c) section 12(2)
b: a claim that a representative entity had or may have that is, or is founded on, a claim described in paragraph (a). Settlement of historical claims
14: 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.
15: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3, insert in its appropriate alphabetical order Ngāti Manuhiri Claims Settlement Act 2012, section 14(4) and (5) 2012-11-20 Treaty of Waitangi Act 1975 Protections no longer apply
16: 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 RFR land; or
d: for the benefit of Ngāti Manuhiri or a representative entity.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3 Section 16(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
17: Removal of memorials
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 that contains, each allotment—
a: that—
i: is all or part of a cultural redress property; or
ii: is all or part of a commercial redress property; or
iii: is RFR land; and
b: that is contained in a computer register that has a memorial recorded under any enactment listed in section 16(2)
2: The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after the settlement date.
3: A certificate must state that it is issued under this section.
4: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—
a: register the certificate against each computer register identified in the certificate; and
b: remove each memorial recorded under an enactment listed in section 16(2) Other matters
18: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which—
i: the Ngāti Manuhiri Settlement Trust may exist in law; or
ii: the trustees may hold or deal with property (including income derived from property); or
b: 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 the Ngāti Manuhiri Settlement Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 18(2) amended 30 January 2021 section 161 Trusts Act 2019
19: 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
General provisions
20: Issue, amendment, and cancellation of protocols
1: Each responsible Minister—
a: must issue a protocol to the trustees in the form set out in part 4 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 either—
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.
21: Protocols subject to rights, functions, and obligations
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, which includes the ability to—
i: introduce legislation and change Government policy; and
ii: interact with or consult a person that 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 Manuhiri or a representative entity.
22: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any form 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).
23: Limitation of rights
1: The conservation protocol does not have the effect of granting, creating, or providing evidence of—
a: rights relating to the common marine and coastal area (as defined by section 9(1)
b: an estate or interest in land held, managed, or administered under the conservation legislation; or
c: an interest in, or rights relating to, flora or fauna managed or administered under the conservation legislation.
2: 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.
3: 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.
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 Noting of conservation and Crown minerals protocols
24: Noting of conservation protocol
1: A summary of the terms of the conservation protocol must be noted in the conservation documents and any freshwater fisheries management plan affecting the conservation protocol area.
2: The noting of the conservation protocol—
a: is for the purpose of public notice only; and
b: is not an amendment to the conservation documents for the purposes of section 17I section 46
25: Noting of Crown minerals protocol
1: A summary of the terms of the Crown minerals protocol must be noted in—
a: a register of protocols maintained by the chief executive of the Ministry of Business, Innovation, and Employment; and
b: the minerals programmes affecting the Crown minerals protocol area when those programmes are replaced.
2: The noting of the Crown minerals protocol—
a: is for the purpose of public notice only; and
b: is not an amendment to the minerals programmes for the purposes of the Crown Minerals Act 1991
3: In this section, minerals programme section 2(1)
2: Statutory acknowledgement and deed of recognition
Statutory acknowledgement
26: Interpretation
In this subpart,— relevant consent authority statements of association
a: made by Ngāti Manuhiri of their particular cultural, spiritual, historical, and traditional association with the statutory areas; and
b: that are in the form set out in part 2 of the documents schedule statutory acknowledgement section 27 statutory area Schedule 1
27: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association.
28: 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 sections 29 to 31
b: to require relevant consent authorities to forward summaries of resource consent applications, or copies of notices of resource consent applications, to the trustees, as provided for in section 33
c: to enable the trustees and members of Ngāti Manuhiri to cite the statutory acknowledgement as evidence of the association of Ngāti Manuhiri with a statutory area, as provided for in section 34 Section 28(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
29: Relevant consent authorities to have regard to statutory acknowledgement
1: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 95E
2: Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
30: Environment Court to have regard to statutory acknowledgement
1: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991
31: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 31 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
32: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, a 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: the provisions of sections 26 to 31 33 to 36
b: the descriptions of the statutory areas wholly or partly covered by the plan; and
c: any statements of association for the statutory areas.
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
33: Provision of summaries or notices of certain applications to trustees
1: Each relevant consent authority must, for a period of 20 years starting on the effective date, provide the following to the trustees for each resource consent application for an activity 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: The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B
3: A summary of an application must be provided under subsection (1)﻿(a)—
a: as soon as is reasonably practicable after the consent authority receives the application; but
b: before the consent authority decides under section 95
4: A copy of a notice of an application must be provided under subsection (1)﻿(b) no later than 10 working days after the day on which the consent authority receives the notice.
5: This section does not affect a relevant consent authority's obligation,—
a: under section 95
b: under section 95E
34: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Manuhiri may, as evidence of the association of Ngāti Manuhiri with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA Heritage New Zealand Pouhere Taonga
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: relevant consent authorities:
b: the Environmental Protection Authority or a board of inquiry under Part 6AA
c: the Environment Court:
d: Heritage New Zealand Pouhere Taonga:
e: parties to proceedings before those bodies:
f: 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 Manuhiri are precluded from stating that Ngāti Manuhiri 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. Section 34(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 34(2)﻿(d) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
35: Trustees may waive rights
1: The trustees may waive the right to be forwarded summaries, and copies of notices, of resource consent applications under section 33
2: Rights must be waived by written notice to the relevant consent authority stating—
a: the scope of the waiver; and
b: the period for which it applies.
3: An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section.
36: Application to river or stream
1: If any part of the statutory acknowledgement applies to a harbour, that part of the acknowledgement also applies to the bed of the harbour and everything above the bed.
2: If any part of the statutory acknowledgement applies to a river or stream, 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, meaning the land that the waters of the river or stream cover at its fullest flow without flowing over its banks; 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; or
iii: a tributary flowing into the river or stream. Deed of recognition
37: Issue and amendment of deed of recognition
1: The Minister of Conservation and the Director-General must issue to the trustees a deed of recognition in respect of the first statutory area described in Schedule 1
2: The deed of recognition must be issued in the form set out in part 3 of the documents schedule.
3: The Minister of Conservation and the Director-General may amend the deed of recognition, but only with the written consent of the trustees. General provisions
38: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and the deed of recognition do not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation 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 association of Ngāti Manuhiri with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to—
a: the other provisions of this subpart; and
b: any obligation imposed on the Minister of Conservation or the Director-General by the deed of recognition.
39: Rights not affected
1: The statutory acknowledgement and the deed of recognition do not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
2: This section is subject to the other provisions of this subpart.
40: Limitation of rights
1: The statutory acknowledgement and the deed of recognition do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
2: This section is subject to the other provisions of this subpart.
41: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Ngāti Manuhiri Claims Settlement Act 2012 2012-11-20 Resource Management Act 1991
3: Whenua rāhui
42: Interpretation
In this subpart,— Conservation Board section 6L New Zealand Conservation Authority section 6A Ngāti Manuhiri values protection principles section 46(3) specified actions statement of Ngāti Manuhiri values
a: made by Ngāti Manuhiri of their values relating to their cultural, spiritual, historical, and traditional association with the whenua rāhui site; and
b: that is in the form set out in part 1 of the documents schedule whenua rāhui whenua rāhui site
a: means a site that is declared under section 43
b: does not include an area that is declared under section 57(1)
43: Declaration of whenua rāhui
Each site described in Schedule 2
44: Acknowledgement by the Crown of statement of Ngāti Manuhiri values
The Crown acknowledges the statements of Ngāti Manuhiri values in relation to the whenua rāhui sites.
45: Purposes of whenua rāhui
The only purposes of the whenua rāhui are—
a: to require the New Zealand Conservation Authority and a Conservation Board to have particular regard to the statement of Ngāti Manuhiri values and the protection principles, as provided for in section 47
b: to require the New Zealand Conservation Authority and a Conservation Board to consult the trustees and to have particular regard to their views, as provided for in section 48; and
c: to require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 49
d: to enable the taking of action under sections 51 to 55
46: Agreement on protection principles
1: The trustees and the Minister of Conservation may agree on and publicise protection principles that are intended to prevent—
a: harm to the Ngāti Manuhiri values in relation to a whenua rāhui site; or
b: the diminishing of the Ngāti Manuhiri values in relation to a whenua rāhui site.
2: The protection principles set out in the documents schedule are to be treated as having been agreed by the trustees and the Minister of Conservation.
3: The trustees and the Minister of Conservation may agree in writing to any amendments to the protection principles.
47: New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters
When the New Zealand Conservation Authority or a Conservation Board considers a general policy or conservation document in relation to a whenua rāhui site, it must have particular regard to—
a: the statement of Ngāti Manuhiri values for the site; and
b: the protection principles for the site.
48: New Zealand Conservation Authority and Conservation Boards to consult trustees
Before approving a general policy or conservation document in relation to a whenua rāhui site, the New Zealand 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 policy or document on—
i: the Ngāti Manuhiri values for the site; and
ii: the protection principles for the site.
49: Conservation management strategy
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 a whenua rāhui site, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
50: Noting of whenua rāhui
1: The application of the whenua rāhui to a whenua rāhui site must be noted in any conservation document affecting the site.
2: The noting of the whenua rāhui under subsection (1)—
a: is for the purpose of public notice only; and
b: is not an amendment to the strategy or plan for the purposes of section 17I section 46
51: Notification in
Gazette
1: The Minister of Conservation must notify the following in the Gazette
a: the application of the whenua rāhui to each whenua rāhui site, as soon as practicable after the settlement date; and
b: the protection principles for each whenua rāhui site, as soon as practicable after the settlement date; and
c: any amendment to the protection principles agreed under section 46(3)
2: The Director-General may notify in the Gazette section 52 53
52: Actions by Director-General
1: The Director-General must take action in relation to the protection principles that relate to a whenua rāhui site, including the specified actions.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsection (1).
3: The Director-General must notify the trustees in writing of any intended action under subsection (1).
4: If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to which the request relates.
53: Amendment to strategy or plan
1: The Director-General may initiate an amendment to a conservation document to incorporate objectives relating to the protection principles that relate to a whenua rāhui site.
2: The Director-General must consult any relevant Conservation Board before initiating an amendment under subsection (1).
3: An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
54: 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 53(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to a whenua rāhui site:
c: to create offences for breaching any regulations made under paragraph (b):
d: to provide for the following fines to be imposed:
i: for an offence referred to in paragraph (c), a fine not exceeding $5,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during 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 54(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
55: 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 53(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to a whenua rāhui site:
c: to create offences for breaching any bylaws made under paragraph (b):
d: to provide for the following fines to be imposed:
i: for an offence referred to in paragraph (c), a fine not exceeding $1,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during 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 55(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
56: Existing classification of whenua rāhui sites
1: This section applies if the whenua rāhui 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 whenua rāhui does not affect—
a: the purpose of the national park, conservation area, or reserve; or
b: the classification of the land as a national park, conservation area, or reserve.
57: Termination of whenua rāhui
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a whenua rāhui site is no longer subject to the whenua rāhui.
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 whenua rāhui is no longer appropriate for the relevant area; or
b: the relevant area is to be, or has been, disposed of by the Crown; or
c: the responsibility for managing the relevant area is to be, or has been, transferred to another Minister of the Crown or to the Commissioner of Crown Lands.
3: Subsection (4) applies 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 whenua rāhui site.
4: The Crown must take reasonable steps to try to ensure that the trustees continue to have input into the management of the relevant area.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 57(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
58: Exercise of powers and performance of functions and duties
1: The whenua rāhui does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation 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 Ngāti Manuhiri values that relate to a whenua rāhui site than that person would give if the site were not subject to the whenua rāhui.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to the other provisions of this subpart.
59: Rights not affected
1: The whenua rāhui does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
2: This section is subject to the other provisions of this subpart.
60: Limitation of rights
1: The whenua rāhui does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the site.
2: This section is subject to the other provisions of this subpart.
4: Vesting of cultural redress properties
61: Interpretation
In this Act, unless the context requires another meaning,— cultural redress property Schedule 3
a: the Mount Tamahunga summit site:
b: the Leigh Recreation Reserve site:
c: the Pākiri Domain Recreation Reserve site:
d: the Pākiri Block conservation area:
e: the Pākiri riverbed site:
f: Te Maraeroa reserve site
62: Mount Tamahunga summit site
1: The Mount Tamahunga summit site (being part of Omaha Ecological Area) ceases to be a conservation area or an ecological area under the Conservation Act 1987
2: The fee simple estate in the Mount Tamahunga summit site then vests in the trustees.
3: The Mount Tamahunga summit site is then declared a reserve and classified as a scientific reserve subject to section 21
4: The reserve is named Mount Tamahunga Scientific Reserve.
5: The sign that refers to Te Araroa walkway does not vest in the trustees, despite the vesting of the site in the trustees.
6: The Minister of Conservation may at any time make a written request to the trustees to provide the Minister with a registrable right of way easement in gross on the terms and conditions set out in part 6A of the documents schedule.
7: The trustees must promptly comply with the request.
8: The easement—
a: is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977
b: is to be treated as having been granted in accordance with that Act.
63: Leigh Recreation Reserve site
1: The reservation of the Leigh Recreation Reserve site (being part of Leigh Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Leigh Recreation Reserve site then vests in the trustees.
3: The Leigh Recreation Reserve site is then declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Wakatūwhenua Recreation Reserve.
5: The signs that relate to compliance with conservation requirements do not vest in the trustees, despite the vesting of the site in the trustees.
64: Pākiri Domain Recreation Reserve site
1: The reservation of the Pākiri Domain Recreation Reserve site as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Pākiri Domain Recreation Reserve site then vests in the trustees.
3: The Pākiri Domain Recreation Reserve site is then declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Pākiri Recreation Reserve.
65: Pākiri Block conservation area
1: The Pākiri Block conservation area ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Pākiri Block conservation area then 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 Pākiri Block conservation area on the terms and conditions set out in part 5 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
66: Pākiri riverbed site
1: The fee simple estate in the Pākiri riverbed site 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 Pākiri riverbed site on the terms and conditions set out in part 5 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
67: Te Maraeroa
1: The reservation of Te Maraeroa (being part of Little Barrier Island Nature Reserve) as a nature reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Maraeroa then vests in the tupuna, Rahui Te Kiri.
3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with the following in relation to Te Maraeroa:
a: a registrable covenant on the terms and conditions set out in part 5 of the documents schedule:
b: a registrable right of way easement on the terms and conditions set out in part 6 of the documents schedule:
c: a registrable easement for a right to convey water, electricity, telecommunications, and computer media, and to drain sewage and waste water, on the terms and conditions set out in part 6 of the documents schedule:
d: a registrable easement for a right to drain sewage and waste water on the terms and conditions set out in part 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
5: Subsections (6) and (7) apply despite—
a: the vesting of Te Maraeroa in Rahui Te Kiri; or
b: the registration of Rahui Te Kiri as the registered proprietor of Te Maraeroa.
6: The trustees—
a: have all the powers, rights, and duties of the registered proprietor of Te Maraeroa; and
b: must exercise the powers and rights, and perform the duties, in the names of the trustees.
7: The Registrar-General or any other person must have regard to subsection (6).
8: Section 74
9: Subpart 5
5: General provisions relating to vesting of cultural redress properties
General provisions
68: Properties vest subject to, or together with, interests
1: Each cultural redress property vests in the trustees under subpart 4 Schedule 3
2: Subsection (3) applies if a cultural redress property vests subject to an interest that is not an interest in land, whether or not the interest also applies in respect of land outside the property.
3: The interest applies in respect of the cultural redress property—
a: until the interest expires or is terminated, whether or not the property is subsequently transferred; and
b: if the interest has a grantor, as if the owner of the property were the grantor; and
c: with any other necessary modifications; and
d: despite any change in status of the land in the property.
69: Registration of ownership
1: This section applies in relation to the fee simple estate in a cultural redress property vested in the trustees under subpart 4
2: To the extent that a cultural redress property is all of the land contained in a computer freehold register, 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 land; and
b: record anything in the register, and do anything else, that is necessary to give effect to this Part and to the deed of settlement.
3: To the extent that subsection (2) does not apply to a cultural redress property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees or, for Te Maraeroa, in the name of Rahui Te Kiri; and
b: record on the relevant registers any interests that are registered, notified, or notifiable and that are described in the application.
4: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
5: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no 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.
6: In this section, authorised person
a: the Commissioner of Crown Lands, for the Pākiri riverbed site:
b: the Director-General, for any other cultural redress property.
70: 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 subpart 4 Part 4A sections 24(2A) 24A 24AA
2: Despite subsection (1), the rest of section 24 subpart 4
3: If the reservation, under subpart 4 subpart 4 section 24
71: Recording application of Part 4A of Conservation Act 1987 and sections of this Act
1: The Registrar-General must record on any computer freehold register for a reserve site—
a: that the land is subject to Part 4A section 24
b: that the land is subject to sections 70(3) 74
2: The Registrar-General must record on any computer freehold register for any other cultural redress property that the land is subject to Part 4A
3: A notification made under subsection (1) or (2) that land is subject to Part 4A section 24D(1)
4: If the reservation, under subpart 4
a: all of the site, then the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register for the site—
i: the notification that section 24
ii: the notifications that the site is subject to sections 70(3) 74
b: part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on any computer freehold register for the part of the site that remains a reserve.
5: The Registrar-General must comply with an application received in accordance with subsection (4)﻿(a).
72: Application of other enactments
1: Sections 24 25 subpart 4
2: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under subpart 4
b: any matter incidental to, or required for the purpose of, the vesting.
3: The vesting of the fee simple estate in a cultural redress property under subpart 4
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348 Provisions relating to reserve sites
73: Application of Reserves Act 1977 to reserve sites
1: The trustees are the administering body of a reserve site for the purposes of the Reserves Act 1977
2: Sections 48A 114 115
3: Sections 78(1)﻿(a) 79 to 81 88
4: If the reservation, under subpart 4 section 24 section 25
74: Subsequent transfer of reserve site
1: This section applies to a reserve site as long as the land, or any part of the land, in the site remains a reserve under the Reserves Act 1977 subpart 4
2: In this section, reserve land
3: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.
4: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
5: The Registrar-General must, upon receiving the documents specified in subsection (6), register the new owners as the proprietors of the fee simple estate in the reserve land.
6: The 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 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: any other document required for registration of the transfer instrument.
7: The new owners, from the time of registration under subsection (5),—
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977
b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
8: Despite subsections (1) and (2), subsections (3) to (7) do not apply to the transfer of the fee simple estate in reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
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)
75: No mortgage of reserve land
1: This section applies to a reserve site as long as the land, or any part of the land, in the site remains a reserve under the Reserves Act 1977 subpart 4
2: In this section, reserve land
3: The registered proprietors of a reserve site must not mortgage, or give a security interest in, the reserve land or any part of the reserve land.
76: Saving of bylaws, etc, in relation to reserve sites
1: This section applies to any bylaw or prohibition, or any restriction on use or access, that an administering body or the Minister of Conservation has made under the Reserves Act 1977 Conservation Act 1987 subpart 4
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987
77: Names of Crown protected areas and reserve sites
1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property that was all or part of a Crown protected area immediately before the settlement date.
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: A reserve site is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
4: The Minister must not change the name of a reserve site under section 16(10)
5: In this section, Board Crown protected area Gazetteer official geographic name section 4
6: Geographic names
78: Interpretation
In this subpart,— New Zealand Geographic Board section 4 NZGB Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 official geographic name section 4
79: New names of features
1: The name specified in the first column of the table in clause 5.29.1 of the deed of settlement is assigned to the feature described in the second and third columns of the table.
2: A name specified in the first column of the table in clause 5.29.2 of the deed of settlement for the feature described in the third and fourth columns of the table is altered to the name specified in the second column of the table.
3: Each assignment or alteration is to be treated as if it were an assignment or alteration of the official geographic name by a determination of the New Zealand Geographic Board, under section 19
80: Publication of new names
1: The New Zealand Geographic Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of a name under section 79 section 21(2) and (3)
2: However, the notices must state that the assignments and alterations took effect on the settlement date.
81: Alteration of new names
1: The New Zealand Geographic Board need not comply with the requirements of sections 16 17 18 19(1) 20
2: Instead, the Board may make the determination as long as it has the written consent of the trustees.
3: To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3)
82: Name changes for Crown protected areas
1: The name of Little Barrier Island Nature Reserve is changed to Te Hauturu-o-Toi / Little Barrier Island Nature Reserve.
2: The name of Goat Island Scientific Reserve is changed to Te Hāwere-a-Maki / Goat Island Scientific Reserve.
7: Vesting and gifting back of Te Hauturu-o-Toi / Little Barrier Island gift area
83: Vesting and gifting back of area
1: The fee simple estate in the Te Hauturu-o-Toi / Little Barrier Island gift area vests in the trustees.
2: On the seventh day after the settlement date, the fee simple estate in the Te Hauturu-o-Toi / Little Barrier Island gift area vests in the Crown as a gift back to the Crown by the trustees for the people of New Zealand.
3: The gift under subsection (2) is made on behalf of Ngāti Manuhiri and in acknowledgement of the area's other former owners of Ngāti Rehua and Ngāti Wai descent.
4: Despite the vestings under subsections (1) and (2),—
a: the Te Hauturu-o-Toi / Little Barrier Island gift area remains a nature reserve subject to section 20
b: any other enactment or any instrument that applied to the Te Hauturu-o-Toi / Little Barrier Island gift area immediately before the settlement date continues to apply to it as if the vestings had not occurred; and
c: any interest that affected the Te Hauturu-o-Toi / Little Barrier Island gift area immediately before the settlement date continues to affect it as if the vestings had not occurred; and
d: the Crown retains all liability for the Te Hauturu-o-Toi / Little Barrier Island gift area as if the vestings had not occurred; and
e: the vestings are not affected by Part 4A section 11 Part 10
5: The whenua rāhui applies to the Te Hauturu-o-Toi / Little Barrier Island gift area only after the area vests back in the Crown.
8: Co-governance of Te Hauturu-o-Toi / Little Barrier Island gift area
84: Interpretation
In this subpart,— Conservation Board section 6L Hauturu plan section 85(1) summary of submissions section 89(5)﻿(a)
85: Process for preparation and approval of Hauturu plan
1: A conservation management plan for the Te Hauturu-o-Toi / Little Barrier Island gift area (the Hauturu plan
2: The Reserves Act 1977
3: Sections 17E 17F 17G 17H 17I 49(2) and (3) section 40B
4: The Director-General must start preparing the first Hauturu plan no later than 12 months after the settlement date.
86: Preparation of draft plan
The Director-General must prepare a draft Hauturu plan in consultation with—
a: the trustees; and
b: the Conservation Board; and
c: any other persons or organisations that the Director-General considers it is practicable and appropriate to consult.
87: Notification of draft plan
1: The Director-General must give notice of the draft Hauturu plan as follows:
a: by public notice under section 49(1)
b: by written notice to the relevant regional councils, territorial authorities, and iwi authorities.
2: The notices must be given no later than 6 months after the start of the preparation of the draft plan.
3: Each notice must—
a: state that the draft plan is available for inspection at the places and times specified in the notice; and
b: invite any person or organisation to make written submissions to the Director-General on the draft plan on or before the date specified in the notice, which must be no less than 2 months after the date the notice is given.
88: Submissions on draft plan
1: Any person or organisation may make written submissions to the Director-General on the draft Hauturu plan at the place, and on or before the date, specified in a notice given for the draft plan under section 87
2: The Director-General may, after consulting the trustees and the Conservation Board, obtain public opinion of the draft plan from any person or organisation by any other means.
3: The Director-General must make the draft plan available for public inspection between 9 am and 5 pm on any working day—
a: on and from the date the notice was given under section 87(1)﻿(a)
b: in places and quantities that are likely to encourage public participation in the development of the plan.
89: Hearing of submissions
1: Submissions on the draft Hauturu plan must be heard by a meeting of representatives of the Director-General, the trustees, and the Conservation Board.
2: A submitter who requested to be heard in support of the submission must be given a reasonable opportunity to be heard.
3: Any other person or organisation that was consulted on the draft plan may be heard at the discretion of the members of the meeting.
4: The hearing of submissions must end no later than 2 months after the last date for written submissions.
5: The Director-General must—
a: prepare a summary of the submissions received, and any public opinion obtained, on the draft plan; and
b: provide the summary to the trustees and the Conservation Board no later than 1 month after the end of the hearing of submissions.
90: Revision of draft plan
1: The Director-General must consider the submissions received, and any public opinion obtained, on the draft Hauturu plan.
2: The Director-General then—
a: may revise the draft plan in consultation with the trustees and the Conservation Board; and
b: must provide the draft plan, including any revisions, to the trustees and the Conservation Board no later than 4 months after the end of the hearing of submissions.
3: The trustees and the Conservation Board,—
a: on receiving the draft plan, must together consider the draft plan and the summary of submissions; and
b: no later than 4 months after receiving the draft plan and the summary, may request the Director-General to revise the draft plan.
4: If the Director-General receives a request under subsection (3)﻿(b), he or she must—
a: revise the draft plan in accordance with the request; and
b: provide the revised draft plan to the trustees and the Conservation Board no later than 2 months after receiving the request.
91: Referral of draft plan to Conservation Authority and Minister
1: The trustees and the Conservation Board must provide the draft Hauturu plan and the summary of submissions to—
a: the Conservation Authority for its comments on matters relating to the national public conservation interest in the Te Hauturu-o-Toi / Little Barrier Island gift area; and
b: the Minister of Conservation for his or her comments.
2: The draft plan must be provided in the form of, and on receipt of,—
a: the draft plan provided by the Director-General under section 90(2)﻿(b) section 90(3)﻿(b)
b: the revised draft plan provided by the Director-General under section 90(4)﻿(b) section 90(3)﻿(b)
3: The Conservation Authority and the Minister of Conservation must provide their comments on the draft plan to the trustees and the Conservation Board no later than 4 months after receiving the draft plan.
92: Approval of draft plan
1: The trustees and the Conservation Board must—
a: consider the comments received from the Conservation Authority and the Minister of Conservation under section 91(3)
b: make any changes to the draft Hauturu plan that the trustees and the Conservation Board consider are necessary.
2: The trustees and the Conservation Board must, no later than 2 months after receiving the comments,—
a: approve the draft plan; or
b: refer any disagreement about the draft plan to the Conservation Authority by providing a written statement of the matters of disagreement and the reasons for them.
93: Referral of disagreement to Conservation Authority
1: If a disagreement is referred to the Conservation Authority under section 92(2)﻿(b)
a: make a recommendation on any matter of disagreement; and
b: give written notice of the recommendation to the trustees and the Conservation Board.
2: The notice of recommendation must be given no later than 3 months after the disagreement is referred to the Conservation Authority.
3: The trustees and the Conservation Board must, after receiving and considering the notice of recommendation,—
a: try to resolve any matters of disagreement; and
b: make any changes to the draft Hauturu plan that they consider are necessary.
4: If any matter of disagreement has not been resolved within 2 months after receiving the notice of recommendation,—
a: the recommendations in the notice become binding; and
b: the trustees and the Conservation Board must make any changes to the draft plan that are necessary to implement the recommendations.
5: The trustees and the Conservation Board must approve the draft plan no later than 4 months after receiving the notice of recommendation.
94: Mediation of disagreement
1: The trustees, the Conservation Board, and the Director-General—
a: must all agree on a mediator no later than 3 months after the settlement date; and
b: may all agree on a different mediator at any time.
2: If a disagreement arises between the persons referred to in subsection (1) at any time during the process under sections 86 to 93 parties
3: If a party considers that it is necessary to resort to mediation, the party must refer the matter to mediation by giving written notice to the 1 or more other parties.
4: The mediation must be conducted by the mediator agreed on under subsection (1).
5: The parties must participate in the mediation—
a: in a co-operative, open-minded, and timely manner; and
b: having particular regard to the purpose of—
i: having a conservation management plan for the Te Hauturu-o-Toi / Little Barrier Island gift area; and
ii: the reserve classification of the Te Hauturu-o-Toi / Little Barrier Island gift area.
6: The parties must try their best to continue with the preparation and approval of the Hauturu plan while the disagreement is mediated.
7: Each party must—
a: pay its own costs of the mediation; and
b: pay an equal share of the costs of the mediator and associated costs.
8: The mediation must end no later than 3 months after the day on which the matter was referred to mediation.
9: The period of time starting on the day on which the matter is referred to mediation and ending on the last day of the mediation must be excluded from any time limit specified in sections 86 to 93
95: Review of Hauturu plan
1: The Director-General may at any time initiate a review of all or part of the Hauturu plan, after first consulting the trustees and the Conservation Board.
2: The trustees or the Conservation Board may at any time request the Director-General to initiate a review of all or part of the Hauturu plan. The Director-General must consider the request.
3: Any review of the Hauturu plan must be carried out and approved in accordance with sections 86 to 93
4: The Director-General must review all of the Hauturu plan no later than 10 years after the date it was last approved.
5: The Minister of Conservation may extend the time limit in subsection (4), but only after consulting the trustees and the Conservation Board.
96: Amendment of Hauturu plan
1: The Director-General may at any time initiate the amendment of all or part of the Hauturu plan, after first consulting the trustees and the Conservation Board.
2: Any amendment of the Hauturu plan must be carried out and approved in accordance with sections 86 to 93
3: However, an amendment may instead be made under subsections (4) to (6) if the Director-General, the trustees, and the Conservation Board all consider that the amendment will not materially affect—
a: the objectives or policies expressed in the Hauturu plan; or
b: the public interest in the relevant area.
4: The Director-General must provide the proposed amendment to the trustees and the Conservation Board.
5: The trustees and the Conservation Board—
a: must consider the proposed amendment; and
b: may amend the Hauturu plan as proposed and approve the amended plan.
6: Any approval under subsection (5)﻿(b) must be given no later than 2 months after receiving the proposed amendment.
97: Involvement of other iwi
This subpart does not exclude representatives of other iwi from being involved with the Hauturu plan, if other enactments provide for that.
9: Removal of stones from Te Hauturu-o-Toi / Little Barrier Island gift area for cultural purposes
98: Interpretation
In this subpart, Commissioner Reserves Act 1977
99: Stones may be removed with written authorisation
1: A member of Ngāti Manuhiri may remove stones from the Te Hauturu-o-Toi / Little Barrier Island gift area if—
a: the member holds a written authorisation issued under subsection (2); and
b: the member complies with the conditions specified in the written authorisation.
2: The Commissioner and the trustees may jointly issue a written authorisation to remove stones from the Te Hauturu-o-Toi / Little Barrier Island gift area.
3: A written authorisation—
a: must specify the cultural purposes for which the stones may be removed; and
b: must specify the conditions in section 100
c: may specify any other conditions of removing the stones.
4: A member of Ngāti Manuhiri who removes stones under a written authorisation must comply with all other lawful requirements, including the requirements of the following:
a: provisions restricting entry to a nature reserve under the Reserves Act 1977
b: the Biosecurity Act 1993
c: the Resource Management Act 1991
d: the Crown Minerals Act 1991
5: However, the member may remove the stones despite not having any authorisation for their removal required by the conservation legislation.
100: Conditions of removing stones
A member of Ngāti Manuhiri who removes stones under section 99
a: the stones may be used only for the cultural purposes specified in the written authorisation to remove the stones; and
b: the stones must be loose and accessible and able to be removed without causing more than minor damage to vegetation or minor ground disturbance; and
c: the member may, each day, remove only the stones that he or she can carry by hand in 1 load without assistance; and
d: the stones must not be accessed or removed by using machinery or cutting equipment; and
e: the removal of the stones must not affect an archaeological site or a wahi tapu area (as defined by section 6
f: the removal of the stones must not affect the conservation values of the Te Hauturu-o-Toi / Little Barrier Island gift area. Section 100(e) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
101: Disputes
Any dispute between the Commissioner and the trustees relating to the issuing, or conditions, of a written authorisation must be resolved in accordance with the dispute resolution procedure set out in the conservation protocol.
3: Commercial redress
1: Transfer of commercial redress properties
102: The Crown may transfer properties
The Crown (acting by and through the chief executive of the land holding agency) is authorised to do the following to give effect to the deed of settlement:
a: transfer the fee simple estate in a commercial redress property to the trustees:
b: sign a transfer instrument or other document, or do anything else, to effect the transfer.
103: Registrar-General to create computer freehold register
1: To the extent that a commercial redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, 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; and
c: omit any statement of purpose from the computer freehold register.
2: Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.
3: The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the trustees.
4: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (as referred to in subsection (3)) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
5: In this section, authorised person
104: Application of other enactments
1: Section 11 Part 10
a: the transfer of a commercial redress property to the trustees; or
b: any matter incidental to, or required for the purpose of, the transfer.
2: The transfer of a commercial redress property to the trustees does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: The transfer of a commercial redress property to the trustees is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: In exercising the powers conferred by section 102
5: Subsection (4) is subject to subsections (2) and (3).
6: The permission of a council under section 348
2: Licensed land
105: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land under the Crown Forest Assets Act 1989
2: However, although the licensed land does not cease to be Crown forest land until the transfer to the trustees is registered, neither the Crown nor any court or tribunal may do any thing or omit to do any thing if that act or omission would, between the settlement date and the date of registration,—
a: be permitted by the Crown Forest Assets Act 1989
b: be inconsistent with the deed of settlement.
106: Trustees confirmed beneficiaries and licensors in relation to licensed land
1: The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds paid for the licensed land to the trustees of the Crown forestry rental trust under the Crown forestry licence since the commencement of the licence; and
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 had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation had become final on the settlement date.
5: The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Māori ownership—
a: on the settlement date; and
b: under section 36 of the Crown Forest Assets Act 1989
6: However, section 36(1)﻿(b)
7: This section applies whether or not the transfer of the fee simple estate in the licensed land has been registered.
3: Right of access to protected sites
107: Interpretation
1: In this subpart, protected site
a: a wāhi tapu or wāhi tapu area; and
b: a place that is entered on the New Zealand Heritage List/Rārangi Kōrero.
2: In subsection (1), wāhi tapu wāhi tapu area section 6 Heritage New Zealand Pouhere Taonga Act 2014 Section 107(1)﻿(a) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 107(1)﻿(b) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 107(2) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
108: Right of access to protected site
1: The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, the land must allow the people referred to in subsection (2) to have access across the land to each protected site.
2: The people are Māori for whom the protected site is of special cultural, spiritual, or historical significance.
3: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner, and 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 must observe any reasonable conditions imposed by the owner that—
i: relate to the time, location, or manner of access; and
ii: are reasonably required for the safety of people, for the protection of land, improvements, flora, fauna, plant, equipment, or livestock, or for operational reasons.
4: The right of access described in this section does not apply to the land described in Schedule 5 Section 108(4) inserted 30 November 2022 section 82 Statutes Amendment Act 2022
109: Right of access subject to Crown forestry licence
1: The right of access under section 108
2: However, subsection (1) does not apply if the licensee has agreed to an exercise of the right.
3: An amendment to a Crown forestry licence is of no effect to the extent that it would—
a: delay the date from which a person may exercise a right of access under section 108
b: adversely affect the right of access in any other way.
110: Notation on
record of title
1: The Registrar-General must, in accordance with a written application by an authorised person, record on the record of title
2: An application must be made as soon as is reasonably practicable after—
a: the settlement date; or
b: a record of title record of title
2A: The Registrar-General must remove the notation directed by subsection (1) from—
a: each record of title listed in Part 1
b: the supplementary record sheet listed in Part 2
2B: The Registrar-General must amend the notation directed by subsection (1) on the records of title listed in Part 3
3: In this section, authorised person Section 110 heading amended 30 November 2022 section 83(1) Statutes Amendment Act 2022 Section 110(1) amended 30 November 2022 section 83(2) Statutes Amendment Act 2022 Section 110(2)﻿(b) amended 30 November 2022 section 83(2) Statutes Amendment Act 2022 Section 110(2A) inserted 30 November 2022 section 83(3) Statutes Amendment Act 2022 Section 110(2B) inserted 30 November 2022 section 83(3) Statutes Amendment Act 2022
4: Right of first refusal in relation to RFR land
Interpretation
111: Interpretation
In this subpart and Schedule 4 dispose of
a: means to—
i: transfer or vest the fee simple estate in the land; or
ii: grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), for 50 years or longer; but
b: to avoid doubt, does not include to—
i: mortgage, or give a security interest in, the land; or
ii: grant an easement over the land; or
iii: consent to an assignment of a lease, or to a sublease, of the land; or
iv: remove an improvement, fixture, or fitting from the land expiry date sections 115(a) 116 notice offer 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 121(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested on the settlement date or (under section 122(1) RFR period specified RFR property
112: Meaning of RFR land
1: In this Act, RFR land
a: means land within the area shown on the RFR plan in the attachments to the deed of settlement if, on the settlement date, the land—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown; and
b: includes land obtained in exchange for a disposal of RFR land under section 126(1)﻿(c) 127
c: does not include a commercial redress property.
2: However, 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 a contract formed under section 119
ii: any other person (including the Crown or a Crown body) under section 114(3)
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 under—
i: any of sections 123 to 129
ii: anything referred to in section 130(1)
c: the land's RFR period ends; or
d: for a specified RFR property, notice is given for the property under section 113 Section 112(1)﻿(a)﻿(ii) amended 26 March 2015 section 4 Ngāti Manuhiri Claims Settlement Amendment Act 2015
113: Specified RFR property may cease to be RFR land
1: The Minister for Treaty of Waitangi Negotiations may, for a specified RFR property, give notice to both the RFR landowner and the trustees that the property ceases to be RFR land.
2: The notice may be given at any time before a contract is formed under section 119
3: The property ceases to be RFR land on the day on which the notice is given. Restrictions on disposal of RFR land
114: Restrictions on disposal of RFR land
1: An RFR landowner must not dispose of RFR land to any person other than the trustees or their nominee unless the land is disposed of under subsection (2) or (3).
2: The RFR land may be disposed of under any of sections 120 to 129 section 130(1)
3: The RFR land may be disposed of within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees, if the offer to the trustees was—
a: made in accordance with section 115
b: on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person referred to in subsection (1); and
c: not withdrawn under section 117
d: not accepted under section 118 Trustees’ right of first refusal
115: Requirements for offer
An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees incorporating—
a: the terms of the offer, including its expiry date; and
b: a legal description of the land (including any interests affecting it) and the reference for any computer register that contains the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number for the trustees to give notices to the RFR landowner in relation to the offer.
116: Expiry date of offer
1: The expiry date of an offer must be on or after the 20th working day after the day on which the trustees receive notice of the offer.
2: However, the expiry date of an offer may be on or after the 10th working day after the day on which the trustees receive notice of the offer if—
a: the trustees received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was no earlier than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
117: Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
118: 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.
119: Formation of contract
1: If the trustees accept, under section 118
2: The terms of the contract may be varied by written agreement between the landowner and the trustees.
3: Under the contract, the trustees may nominate any person other than the trustees who is lawfully able to hold the RFR land (the nominee
4: The trustees may nominate a nominee only by giving notice to the landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the 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 where land remains RFR land
120: Disposals 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 120(2) amended 1 August 2020 section 668 Education and Training Act 2020
121: Disposals of existing public works to local authorities
1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 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.
122: Disposals 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
123: Disposals in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
124: Disposals in accordance with legal or equitable obligation
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or equitable obligation that—
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.
125: Disposals by the Crown under certain legislation
The Crown may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 355(3)
c: subpart 3
126: Disposals 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)
127: Disposals for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
128: Disposals for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
129: Disposals to tenants
The Crown may dispose of RFR land—
a: that was held for education purposes on the settlement date to a person who, immediately before the disposal, is a tenant of the land or of all or part of a building on the land; or
b: under section 67
i: granted before the settlement date; or
ii: granted on or after the settlement date under a right of renewal contained in a lease granted before the settlement date; or
c: under section 93(4)
130: RFR landowner’s obligations subject to other things
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law but, for a Crown 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.
3: This subpart does not limit anything referred to in subsection (1). Notices
131: Notice 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 specify the legal description of the land and identify the computer register that contains the land.
132: Notice to trustees of disposals 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 day that is 20 working days before the day of the disposal.
3: The notice must—
a: specify the legal description of the land (including any interests affecting it) and identify any computer register that contains the land; and
b: specify a street address for the land (if applicable); and
c: identify the person to whom the land is being disposed of; and
d: explain how the disposal complies with section 114
e: if the disposal is being made under section 114(3)
133: Notice of land ceasing to be RFR land
1: Subsections (2) and (3) apply 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 a contract formed under section 119
ii: any other person (including the Crown or a Crown body) under section 114(3)
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 under—
i: any of sections 123 to 129
ii: anything referred to in section 130(1)
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must—
a: specify the legal description of the land and identify the computer register that contains the land; and
b: specify the details of the transfer or vesting of the land.
4: Subsections (5) and (6) apply if land contained in a computer register ceases to be RFR land because the land is all or part of a specified RFR property and notice is given for the property under section 113
5: The RFR landowner must, as soon as practicable after receiving the notice under section 113
6: The notice must—
a: specify the legal description of the land and identify the computer register that contains the land; and
b: include a copy of the notice given under section 113
134: Notice requirements
Schedule 4
a: an RFR landowner; or
b: the trustees. Memorials for RFR land
135: Recording memorials 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 that contain,—
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 after—
a: the settlement date, for RFR land for which there is a computer register on the settlement date; or
b: receiving a notice under section 131
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 identified in the certificate that the land described in the certificate (and contained in the computer register) is—
a: RFR land as defined by section 112
b: subject to this subpart of this Act (which restricts disposal, including leasing, of the land).
136: Removal of memorials when land ceases to be RFR land
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 133(2)
a: specifies the legal description of the land and identifies the computer register that contains the land; and
b: specifies the details of the transfer or vesting of the land; and
c: states that it is issued under this subsection.
2: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 133(5)
a: specifies the legal description of the land, and identifies the computer register that contains the land, described in the notice; and
b: includes a copy of the notice given under section 113
c: states that it is issued under this subsection.
3: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
4: If the Registrar-General receives a certificate issued under subsection (1), he or she must remove any memorial recorded under section 135
5: If the Registrar-General receives a certificate issued under subsection (2), he or she must remove any memorial recorded under section 135
137: Removal of memorials when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends for any RFR land, issue to the Registrar-General a certificate that—
a: identifies each computer register for the RFR land for which the RFR period has ended that still has a memorial recorded on it under section 135
b: states that it 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 a memorial recorded under section 135 General provisions
138: Waiver and variation
1: The trustees may, by notice to an RFR landowner, waive any 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 agreement under this section is on the terms, and applies for the period, specified in it.
139: 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.
140: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if an RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and
b: has given the notices required by subsection (2).
2: Notices must be given to each RFR landowner—
a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specifying the date of the assignment; and
c: specifying the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specifying the street address, postal address, or fax number for notices to the assignees.
3: This subpart and Schedule 4
4: In this section, RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section.