Central North Island Forests Land Collective Settlement Act 2008

1: Title
This Act is the Central North Island Forests Land Collective Settlement Act 2008.
2: Commencement
1: Subpart 2 sections 34 35 Schedule 4 section 34
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 31 December 2008 clause 2 Central North Island Forests Land Collective Settlement Act Commencement Order 2008 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: give effect to the vesting of the Crown forest land described in the first and second columns of Schedule 1
b: record the principles and process by which the allocation of the CNI forests land and accumulated rentals is to be achieved; and
c: exclude the jurisdiction of the courts and Waitangi Tribunal in relation to the historical CNI forests land claims.
4: Interpretation
In this Act, unless the context otherwise requires,— accumulated rentals authorised person CNI CNI forests land
a: means the fee simple estate in the Crown forest land described in the first and second columns of Schedule 1
b: to avoid doubt, does not include—
i: any trees on that land; or
ii: any improvements that have been acquired by any purchaser of the trees on that land or that have been made by that purchaser or the licensee CNI Iwi Collective Collective
a: means together each of the following iwi and collective groups defined by that name in Schedule 1 of the deed of settlement:
i: Ngāi Tūhoe; and
ii: Ngāti Manawa; and
iia: Ngāti Rangitihi; and
iii: Ngāti Tūwharetoa; and
iv: Ngāti Whakaue; and
v: Ngāti Whare; and
vi: Raukawa; and
vii: the Affiliate Te Arawa Iwi/Hapu; and
b: includes the governance entity that represents a collective group; and
c: also includes every individual of which a collective group is composed and who is included in the definition of the group in Schedule 1 of the deed of settlement company confirmed beneficiary Crown section 2(1) Crown agreed proportion
a: means the Crown's entitlement as a beneficiary of the Trust to an undivided 10%
b: includes the Crown's entitlement to a proportion of the company's shares Crown forest land section 2(1) Crown forestry licence section 2(1) Crown Forestry Rental Trust section 34 Crown initial period deed of settlement
a: the Minister in Charge of Treaty of Waitangi Negotiations; and
b: the Minister of Maori Affairs; and
c: the Associate Ministers in Charge of Treaty of Waitangi Negotiations; and
d: the authorised signatories of the CNI Iwi Collective deed of trust DSP entity section 26 historical claim
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that—
i: any Māori had at, or at any time before, the settlement date, or may have at any time after the settlement date; and
ii: is, or is founded on, a right arising from the Treaty of Waitangi or its principles, legislation, common law (including customary law and aboriginal title), fiduciary duty, or otherwise; and
iii: arises from or relates to acts or omissions before 21 September 1992—
A: by or on behalf of the Crown; or
B: by or under legislation; but
b: to avoid doubt, does not include the historical CNI forests land claims historical CNI forests land claims
a: means every claim or part of a claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that—
i: the CNI Iwi Collective or a member of the Collective (or any representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, to the CNI forests land; and
ii: is, or is founded on, a right arising from the Treaty of Waitangi or its principles, legislation, common law (including customary law and aboriginal title), fiduciary duty, or otherwise; and
iii: arises from or relates to acts or omissions before 21 September 1992—
A: by or on behalf of the Crown; or
B: by or under legislation; but
b: to avoid doubt, does not include a claim or part of a claim that an iwi of the CNI Iwi Collective has, or may have, in relation to matters that are not related to the CNI forests land land holding agency licensee LINZ member of the Collective ongoing rentals other CNI claimant Registrar-General section 4 rental proceeds
a: the accumulated rentals; and
b: the ongoing rentals representative entity selected DSP property section 26 settlement date specified transfer period Trust Waitangi Tribunal Section 4 CNI Iwi Collective inserted 31 December 2008 section 37(1) Section 4 Crown agreed proportion amended 31 December 2008 section 37(2)
5: Act binds the Crown
This Act binds the Crown.
2: Provisions relating to transfers of assets, allocation principles, Crown agreed proportion, and DSP properties
1: Vesting of CNI forests land and transfer of accumulated rentals by the Crown
Vesting of CNI forests land in company
6: Vesting of CNI forests land
1: On and from the settlement date, the CNI forests land—
a: ceases to be Crown forest land; and
b: vests in the company.
2: The vesting referred to in subsection (1)﻿(b) and the subsequent administration of the CNI forests land are subject to—
a: the terms of the deed of trust; and
b: section 16
c: the Crown agreed proportion; and
d: the rights of the licensees under the Crown forestry licences listed in the third column of Schedule 1
3: The Crown (acting through the chief executive of LINZ) is authorised to sign any document, or do any other thing necessary or reasonably incidental, to give effect to the vesting referred to in subsection (1)﻿(b).
4: The Registrar-General must, on written application by an authorised person, comply with subsections (5) and (6).
5: To the extent that the fee simple estate in a parcel of CNI forests land subject to a single Crown forestry licence comprises all the land in a certificate of title or computer freehold register, the Registrar-General must, in accordance with the application,—
a: register the company as the proprietor of the parcel of CNI forests land; and
b: register any relevant encumbrances that are registrable, notifiable, or notified and that are described in the application; and
c: make those entries in the register and generally do all things necessary to give effect to this section, sections 8 to 12
6: To the extent that the fee simple estate in a parcel of CNI forests land subject to a single Crown forestry licence does not comprise all the land in a certificate of title or computer freehold register, the Registrar-General must, in accordance with the application,—
a: create 1 computer freehold register for that parcel of CNI forests land in the name of the company; and
b: register any relevant encumbrances that are registrable, notifiable, or notified and that are described in the application; and
c: make those entries in the register and generally do all things necessary to give effect to this section, sections 8 to 12
7: Subsection (4) is subject to the completion of any survey necessary to facilitate the creation of the computer freehold register.
8: The computer freehold register created in accordance with subsection (6) must exclude the Moerangi site and the Kakapiko site (as those terms are defined in the deed of settlement).
7: Jurisdiction of courts, tribunals, and other judicial bodies excluded
1: Despite any other enactment or rule of law, on and from the settlement date, a court, tribunal, or other judicial body does not have jurisdiction (including the jurisdiction to inquire into or further inquire into, or make a finding or recommendation) in respect of—
a: any or all of the historical CNI forests land claims; or
b: the deed of settlement; or
c: this Act.
2: Subsection (1) 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.
3: Subsection (1)﻿(a), in so far as it relates to the Waitangi Tribunal, is subject to sections 22 to 24
4: Subsection (1)﻿(a) does not exclude the jurisdiction of the Waitangi Tribunal in so far as it relates to the steps that are necessary for the Tribunal to complete its inquiries and report on the following:
a: the Tongariro National Park Inquiry (Wai 1130):
b: the Te Urewera Inquiry (Wai 894).
8: Application of other enactments: general
1: Section 11 Part 10
a: the vesting of the CNI forests land by the Crown in the company; or
b: any matter incidental to, or required for the purpose of, that vesting.
2: The vesting of the CNI forests land referred to in subsection (1)﻿(a)—
a: does not limit section 10 11
b: does not affect other rights to subsurface minerals; and
c: does not limit the rights and obligations of the Crown or a local authority in respect of geothermal energy and geothermal water (as both terms are defined in section 2(1)
d: is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The Crown is not required to comply with any other enactment that would otherwise regulate or apply to the vesting of the CNI forests land in the company.
4: Subsection (3) is subject to subsection (2).
5: The permission of a council under section 348
9: Application of other enactments: easements
1: The Minister of Conservation may grant a right of way easement over conservation land in connection with CNI forests land, as required by the deed of settlement.
2: An easement granted under subsection (1) is—
a: registrable under section 17ZA(2)
b: enforceable in accordance with its terms, despite Part 3B
3: The responsible Ministers (as defined in section 2(1)
4: A statement that an easement has been granted under this section is sufficient evidence to that effect if it is executed by an authorised person on the document creating the easement.
5: The permission of a council under section 348
10: Public access to continue
1: Despite clause 16.5 of each Crown forestry licence, clause 6.2 of each Crown forestry licence (which relates to public entry for recreational purposes) must continue to apply even though the Crown is no longer the licensor under the licence because the CNI forests land has been vested in the company under section 6(1)﻿(b)
2: A notification to the same effect as described in subsection (1) must—
a: be recorded against the computer freehold register for the CNI forests land; and
b: on application by the registered proprietor, be removed from each computer freehold register for the CNI forests land on the expiry of the Crown forestry licence.
11: Public easements may be granted
1: A public easement may be granted under section 8
2: Sections 26 27 section 8(b)
3: The permission of a council under section 348
4: In this section,— public easement
a: the Matea easement:
b: a public right of way easement:
c: the Tokorangi easement:
d: the Whaka easement:
e: the Whirinaki easement Matea easement public right of way easement first column of Schedule 1 Tokorangi easement Whaka easement Whirinaki easement
12: Conservation covenants
1: Each of the following is to be treated as a conservation covenant for the purposes of section 77
a: the Plot Road covenant:
b: the Rangitaiki River covenant.
2: In this section,— Plot Road covenant Rangitaiki River covenant Transfer of accumulated rentals to company
13: Transfer of accumulated rentals
1: On and from the settlement date, the company will become entitled to the accumulated rentals as a confirmed beneficiary of the Crown Forestry Rental Trust and all the provisions of that trust will apply accordingly.
2: The Crown must, in respect of each Crown forestry licence listed in the third column of Schedule 1 section 17(4)﻿(b)
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation had become final.
3: The Crown must comply with subsection (2) as soon as is reasonably practicable after the settlement date.
4: Accordingly, the company will be the licensor under each Crown forestry licence listed in the third column of Schedule 1 section 36
5: The subsequent administration of the accumulated rentals is subject to—
a: the terms of the deed of trust; and
b: section 18
c: the Crown agreed proportion.
2: Allocation principles
14: Principles for allocation of CNI forests land
The iwi of the CNI Iwi Collective may, in accordance with the resolution process set out in Schedule 2
15: Principles for allocation of rental proceeds
1: The company must allocate 90% Schedule 3
2: Subject to the Crown agreed proportion, the company must allocate the ongoing rentals to the CNI Iwi Collective in accordance with the deed of trust. Section 15(1) amended 31 December 2008 section 38
3: Transfer of CNI forests land and accumulated rentals by company to CNI Iwi Collective
Transfer of CNI forests land to CNI Iwi Collective
16: Transfer of CNI forests land
1: This section applies if—
a: any iwi of the CNI Iwi Collective, or any 2 or more iwi of the CNI Iwi Collective acting jointly, request the company to transfer an area of CNI forests land to that iwi or to those iwi jointly, or to their nominees; and
b: the request complies with—
i: the terms of an allocation agreement under section 14
ii: the deed of trust.
2: The company must transfer the area of CNI forests land in accordance with the request referred to in subsection (1).
17: Application of other enactments
1: This section applies to a transfer of any CNI forests land—
a: under section 16
b: that is completed during the specified transfer period.
2: Section 11 Part 10
a: a transfer to which this section applies; or
b: any matter incidental to, or required for the purpose of, that transfer.
3: A transfer to which this section applies—
a: does not limit section 10 11
b: does not affect other rights to subsurface minerals; and
c: does not limit the rights and obligations of the Crown or a local authority in respect of geothermal energy and geothermal water (as both terms are defined in section 2(1)
d: is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: The company is not required to comply with any other enactment that would otherwise regulate or apply to a transfer to which this section applies.
5: Subsection (4) is subject to subsection (3).
6: The permission of a council under section 348 Transfer of accumulated rentals to CNI Iwi Collective
18: Transfer of accumulated rentals
1: Subject to the Crown agreed proportion, the company must transfer the accumulated rentals to each iwi of the CNI Iwi Collective.
2: A transfer under subsection (1) must be in accordance with—
a: the allocation percentage set out in Schedule 3
b: the deed of trust.
4: Crown agreed proportion
19: Purpose and duration of Crown agreed proportion
1: The purpose of the Crown agreed proportion is to—
a: allow for the settlement of the historical claims of any other CNI claimant to the CNI forests land that may be negotiated and entered into between the claimant and the Crown during the Crown initial period; and
b: provide for the retention of the powers of the Waitangi Tribunal in relation to the Crown agreed proportion, as modified by this subpart.
2: To avoid doubt, the Crown agreed proportion remains in effect only during the Crown initial period.
20: Company must transfer assets from Crown agreed proportion to other CNI claimant if settlement reached
1: This section applies if, during the Crown initial period, the Crown and any other CNI claimant enter into a deed of settlement in relation to the claimant's historical claim to CNI forests land.
2: The company must, to the extent required by the claimant's deed of settlement and comprising part or all of the Crown agreed proportion, transfer the following to that claimant or the claimant's nominee:
a: CNI forests land; and
b: accumulated rentals.
3: A transfer under subsection (2) must—
a: be in accordance with the deed of settlement referred to in subsection (1)
b: be made during the Crown initial period; and
c: comply with the deed of trust; and
d: be made only after the consultation requirement in section 21(1)
21: Crown must consult CNI Iwi Collective on proposed deed of settlement with other CNI claimant and may refer dispute to Waitangi Tribunal if necessary
1: Before entering into a deed of settlement with any other CNI claimant that provides for the transfer of any CNI forests land, the Crown must consult with the CNI Iwi Collective with a view to reaching an agreement on the question of which specific area or areas of CNI forests land comprised in part or all of the Crown agreed proportion should be transferred to the other CNI claimant.
2: If the Crown and the CNI Iwi Collective cannot reach an agreement on the question referred to in subsection (1) section 7 section 22
22: Waitangi Tribunal jurisdiction in relation to disputes over which specific area of CNI forests land to be transferred to other CNI claimant
1: If a dispute is referred to the Waitangi Tribunal by the Crown or the CNI Iwi Collective under section 21(2)
2: If those parties cannot agree on mediation or if they cannot, within a reasonable time, resolve the dispute at mediation, the Waitangi Tribunal may exercise its jurisdiction to make findings and recommendations in relation to the historical claim of the other CNI claimant to the CNI forests land in accordance with sections 8HB to 8HD of the Treaty of Waitangi Act 1975
3: For the purposes of subsection (2), sections 8HA section 24
23: Waitangi Tribunal jurisdiction in relation to historical claim of other CNI claimant not excluded
1: Despite sections 7 20 to 22 sections 8HB to 8HD
2: For the purposes of subsection (1), sections 8HA to 8HD section 24
24: Modifications to Waitangi Tribunal jurisdiction
The modifications to sections 8HA to 8HD sections 22(3) 23(2)
a: the jurisdiction of the Waitangi Tribunal is limited to the extent of the Crown agreed proportion that the Crown holds at any given time during the Crown initial period and the settlement of, or the making of a recommendation under section 22(2) 23(1)
b: the Crown must advise the Waitangi Tribunal of any change to the Crown agreed proportion in order to inform the Tribunal of the extent of its jurisdiction for the purposes of paragraph (a); and
c: any recommendation under section 8HB(1)﻿(a)
d: despite section 8HD
e: the CNI forests land must be treated as if it remained Crown forest land and a reference to a return of land to Māori ownership must be treated as a reference to a return of land to the claimant.
25: Company must give effect to Waitangi Tribunal recommendation
1: Subsection (2) applies if, during the Crown initial period,—
a: the Waitangi Tribunal, in inquiring into the historical claims of any other CNI claimant in accordance with section 22(2) 23(1) section 8HB(1)﻿(a)
b: the interim recommendation becomes a final recommendation under section 8HC
2: The company must give effect to the final recommendation by transferring to the claimant in question, or the claimant's nominee, the following comprised in part or all of the Crown agreed proportion:
a: the specific area of CNI forests land; and
b: the accumulated rentals relating to that specific area, as determined under the deed of trust.
5: DSP properties
26: Interpretation for this subpart
In this subpart, unless the context otherwise requires,— DSP entity
a: the company; or
b: any other entity established by the CNI Iwi Collective DSP property
a: is Crown-owned land; and
b: is subject to the deferred selection procedure referred to in clauses 8.1 to 8.18 of the deed of settlement selected DSP property
27: Transfer of selected DSP property
To give effect to clauses 8.1 to 8.18 of the deed of settlement, the Crown (acting through the chief executive of the relevant land holding agency) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in a selected DSP property to the DSP entity in accordance with the deed of settlement:
b: sign a transfer instrument or other document, or do any other thing, to give effect to the transfer.
28: Creation of computer freehold register
1: This section applies to a selected DSP property to the extent that—
a: the property is not all of the land contained in a certificate of title or computer freehold register; or
b: there is no certificate of title or computer freehold register for all or part of the property.
2: The Registrar-General must, on written application by an authorised person, comply with subsection (3).
3: The Registrar-General must, in accordance with the application, create a computer freehold register in the name of the Crown subject to, and together with, any encumbrances that are registrable, notifiable, or notified and that are described in the written application.
4: Subsection (3) is subject to the completion of any survey necessary to facilitate the creation of the computer freehold register.
5: A computer freehold register must be created in the name of the Crown without any statement of purpose.
6: The authorised person may grant a covenant to arrange for the later creation of 1 or more computer freehold registers for the property that is to be transferred to the DSP entity in accordance with section 27
7: Despite the Land Transfer Act 1952,—
a: the authorised person may request the Registrar-General to register a covenant referred to in subsection (6) under the Land Transfer Act 1952 by creating a computer interest register; and
b: the Registrar-General must register the covenant in accordance with paragraph (a).
29: Application of other enactments to transfer of selected DSP property
1: Section 11 Part 10
a: the transfer of a selected DSP property in accordance with this Act; or
b: any matter incidental to, or required for the purpose of, that transfer.
2: The transfer of a selected DSP property in accordance with this Act—
a: does not limit section 10 11
b: does not affect other rights to subsurface minerals; and
c: does not limit the rights and obligations of the Crown or a local authority in respect of geothermal energy and geothermal water (as both terms are defined in section 2(1)
d: is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a selected DSP property in accordance with this Act.
4: Subsection (3) is subject to subsection (2).
5: The permission of a council under section 348
6: A statement that the transfer of a selected DSP property has been effected under this section is sufficient evidence to that effect if it is executed by the Registrar-General on the document effecting the transfer.
3: Miscellaneous provisions
1: General
Certain protections no longer apply
30: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply to any CNI forests land or any selected DSP property.
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
3: Subsection (1) is subject to subpart 4 Section 30(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
31: Removal of memorials
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that identify (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: CNI forests land; or
b: part or all of a selected DSP property transferred by the Crown to the DSP entity in accordance with section 27
c: contained in a certificate of title or computer freehold register that has a memorial entered under any of the enactments referred to in section 30(2)
2: The chief executive of LINZ must issue a certificate under subsection (1),—
a: in the case of CNI forests land, as soon as is reasonably practicable after the settlement date; and
b: in the case of a selected DSP property, as soon as is reasonably practicable after the relevant transfer date.
3: Each 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 certificate of title or computer freehold register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that, under an enactment referred to in section 30(2) Eligibility of Trust to become Māori authority
32: Trust must be treated as being eligible to become Māori authority
The Trust must be treated as being eligible, under section HF 2(3)﻿(e) Consequential amendment
33: Consequential amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: Schedule 3 Central North Island Forests Land Collective Settlement Act 2008, section 7 2008-09-30 Treaty of Waitangi Act 1975
2: Consequential amendments to this Act if Ngāti Rangitihi becomes signatory to deed of settlement
34: Process to apply before this subpart and Schedule 4 may be commenced
The Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Maori Affairs may recommend the making of an Order in Council under section 2(1)
a: be a member of the Collective; and
b: enter into the deed of settlement.
35: Expiry of this subpart and Schedule 4
This subpart and Schedule 4 section 2(1)
36: Preamble amended
Amendment(s) incorporated in the Act(s).
37: Section 4 amended
Amendment(s) incorporated in the Act(s).
38: Section 15(1) amended
Amendment(s) incorporated in the Act(s).
39: Schedule 3 substituted
Amendment(s) incorporated in the Act(s). SR 2008/424 2008-12-31 Subpart 2