Ngāti Mutunga Claims Settlement Act 2006

1: Title
This Act is the Ngāti Mutunga Claims Settlement Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Purpose of Act, acknowledgements and apology, interpretation provisions, settlement of claims, and miscellaneous matters
1: Purpose of Act and acknowledgements and apology of the Crown to Ngāti Mutunga
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and the apology given by the Crown to Ngāti Mutunga in the deed of settlement dated 31 July 2005 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Mark Burton, for the Crown, and by Dion Tuuta, Jamie Tuuta, Hurimoana (Paddy) Haami, Lewis Callaghan, Miriama Evans, Pikiteataarangi Tapara, and Ewai Tuuta for Ngāti Mutunga; and
b: to give effect to certain provisions of the deed of settlement, which is a deed that settles the Ngāti Mutunga historical claims.
4: Act binds the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: Part 1—
a: sets out the purpose of the Act, records the acknowledgements and the apology given by the Crown to Ngāti Mutunga in the deed of settlement, and specifies that the Act binds the Crown; and
b: defines terms used in this Act, including key terms such as Ngāti Mutunga Ngāti Mutunga historical claims
c: provides that the settlement of the Ngāti Mutunga historical claims is final, and deals with related issues, including—
i: a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngāti Mutunga historical claims; and
ii: provision for consequential amendments to the Treaty of Waitangi Act 1975
iii: a statement of the effect of the settlement on certain memorials; and
iv: miscellaneous matters relating to the settlement, namely, the exclusion of the limit on the duration of a trust
3: Part 2
a: the issue, amendment, and cancellation of protocols to the trustees by the Minister for Arts, Culture and Heritage, the Minister of Conservation, the Minister for Economic Development, the Minister of Energy, the Minister of Fisheries, and the Minister for Land Information; and
b: the vesting in the trustees of the fee simple estate in 9 cultural redress properties; and
c: the vesting in the trustees of 1 cultural redress property, to be held and administered for the purposes of section 18
d: acknowledgements by the Crown of the statements made by Ngāti Mutunga of their cultural, spiritual, historical, and traditional association with 17 statutory areas, together with provisions as to the effects of those acknowledgements; and
e: the grant of a renewable Nohoanga entitlement over the Uruti Domain site; and
f: a preferential right to purchase authorisations in respect of coastal space if the Minister of Conservation or the Taranaki Regional Council offers, by public tender under Part 7 Part 7A
g: the assigning and altering of place names.
4: Part 3
a: the transfer of commercial redress properties to the trustees in accordance with the deed of settlement; and
b: the creation of easements in relation to the commercial redress properties; and
c: the creation of computer registers in relation to the commercial redress properties; and
d: the application of other enactments in relation to the transfers; and
e: the permission of a council under section 348
5: There are 5 schedules that—
a: describe the cultural redress properties; and
b: describe the Nohoanga site; and
c: describe the statutory areas for statutory acknowledgements; and
d: specify a place name to be assigned and a place name to be changed; and
e: set out section 24 Section 5(2)﻿(c)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements and apology
Sections 7 to 10
7: Text of acknowledgements in English
The text of the acknowledgements in English as set out in the deed of settlement is as follows:
1: The Crown acknowledges that—
a: the cumulative effect of the Crown’s actions in purchasing land in Taranaki created tensions that led to the outbreak of war; and
b: the wars in Taranaki constituted an injustice and were in breach of the Treaty of Waitangi (te Tiriti o Waitangi)
2: The Crown acknowledges that—
a: Ngāti Mutunga as an iwi was not in rebellion and was unfairly treated as being in rebellion; and
b: Ngāti Mutunga was deprived of the lands and resources within its rohe, and as a result was unable to exercise rangatiratanga over them; and
c: the confiscation was indiscriminate in extent and application and had a devastating effect on the welfare, economy, and social and economic development of Ngāti Mutunga in Taranaki; and
d: the confiscation deprived Ngāti Mutunga of access to its traditional sources of food and other resources associated with that confiscated land; and
e: the confiscation was unjust and unconscionable and in breach of the Treaty of Waitangi (te Tiriti o Waitangi)
3: The Crown recognises that the lands and other resources confiscated from Ngāti Mutunga have made a significant contribution to the wealth and development of New Zealand.
4: The Crown acknowledges that—
a: the prejudicial effect of the confiscation was compounded by the inadequacies in the Compensation Court process that included long delays in the promised return of land to Ngāti Mutunga individuals; and
b: the Compensation Court awarded land to individuals rather than iwi or hapū, which was not consistent with customary tenure. This system was imposed on Ngāti Mutunga and its views were not sought.
5: The Crown acknowledges that the treatment of those Ngāti Mutunga and other Māori of Taranaki imprisoned and exiled as a result of the passive resistance campaign from 1879 to 1880 deprived these British subjects of their basic human rights, inflicted unwarranted hardships on them and their whānau and hapū, and was a breach of the Treaty of Waitangi (te Tiriti o Waitangi)
6: The Crown acknowledges—
a: the serious damage it inflicted on the prosperous Māori village of Parihaka and the people residing there, its forcible dispersal of many of the inhabitants, and its assault on the human rights of the people; and
b: that these actions caused great distress and were a complete denial of the Māori right to develop and sustain autonomous communities in a peaceful manner; and
c: that its treatment of the Ngāti Mutunga people at Parihaka was unconscionable and unjust and that these actions constituted a breach of the Treaty of Waitangi (te Tiriti o Waitangi)
7: The Crown acknowledges that—
a: the West Coast Commissions were inadequate in their scope and therefore did not fully address the injustices perpetrated by the confiscation; and
b: the reserves created by the Commissions in the 1880s were not sufficient for the present and future needs of Ngāti Mutunga; and
c: some reserves created by the Commissions on the basis of entitlements outside the Ngāti Mutunga rohe were allocated within the Ngāti Mutunga rohe; and
d: the Crown’s actions with respect to the West Coast Settlement Reserves, considered cumulatively (including the imposition of a regime of perpetually renewable leases and the sale of large quantities of land by the Public and Māori Trustee)—
i: ultimately deprived Ngāti Mutunga of the control and ownership of the lands reserved for it in Taranaki; and
ii: were in breach of the Treaty of Waitangi (te Tiriti o Waitangi)
8: The Crown acknowledges that despite previous efforts made in the twentieth century, including those of the Sim Commission, it has failed to deal in an appropriate way with the grievances of Ngāti Mutunga. In particular, the payments made under the Taranaki Māori Claims Settlement Act 1944 did not sufficiently address the grievances of Ngāti Mutunga.
9: The Crown recognises the efforts and struggles of Ngāti Mutunga in pursuit of its claims for redress and compensation against the Crown for over 130 years.
10: The Crown acknowledges that the cumulative effect of its breaches of the Treaty of Waitangi (te Tiriti o Waitangi)
8: Text of acknowledgements in Māori
The text of the acknowledgements in Māori as set out in the deed of settlement is as follows:
1: E whakaae ana te Karauna—
a: ko te hui katoahia a ngā mahi a te Karauna ki te hoko i ngā whenua o Taranaki te take i pakaru mai te pakanga ki reira; ā
b: he mahi hē rawa te pakanga i Taranaki ā, he mea tūkino i te Tiriti o Waitangi me ōna mātāpono.
2: E whakaae ana te Karauna—
a: i hē te uta i ngā kupu tangata tautohetohe
b: i riro ngā whenua me ngā rawa a Ngāti Mutunga i roto i tona rohe, ko te hua o tēnei ko te rironga atu o te rangatiratanga o te iwi ki runga i ēnei mea; ā
c: he mea kino te muru me te raupatu o ngā whenua o Ngāti Mutunga, ā i taimaha tonu te pānga mai o tēnei ki te oranga, ki te ōhanga, ki te whanaketanga hoki o Ngāti Mutunga i Taranaki; ā
d: i riro te muru raupatu i te āhei a Ngāti Mutunga ki te puta atu ki ona mahinga kai me ērā atu rawa o te whenua i murua; ā
e: i hē rawa te muru i ngā whenua o Ngāti Mutunga, he mahi mōrikarika, he mahi poka noa, he tūkinotanga hoki i te Tiriti o Waitangi me ōna mātāpono.
3: E aro nui ana te Karauna he wāhi nui ngā whenua me ngā rawa i tangohia i a Ngāti Mutunga, i roto i te oranga me te whanaketanga o tēnei whenua.
4: E whakaae ana te Karauna—
a: nā te muru raupatu, i puta ko te whakatoihara, ā, nā ngā tūpuhitanga o te Kōti Utunga whēnā i te takaroanga o te parepare i ngā wāhinga whenua Māori ki ngā tangata takitahi o Ngāti Mutunga, kātahi ka hē rawa atu; ā
b: ka mahue mai mā te Kōti Utunga e whakahoki whenua ki te hapū, ki te iwi, whakawhiwhia kētia atu ana ki te tangata takitahi. Waihoki, ehara tēnei i te whai i ngā tikanga tūturu mō te whenua. He mea uta kē ēnei tikanga ki runga i a Ngāti Mutunga, kīhai i whāia ko ngā whakaaro ake o te iwi.
5: E whakaae ana te Karauna he kino te whiu i ngā tāngata o Ngāti Mutunga me ngā Māori o Taranaki ki te whareherehere ki wāhi kē mai i te tau 1879 ki te tau 1880. Ka tīhore mai i aua tāngata o Piritana ō rātou tikanga tangata, ka whiua anō rātou, ō rātou whānau, ō rātou hapū hoki ki ngā whakawiringa poka noa ā he mea tūkino tēnei i te Tiriti o Waitangi me ōna mātāpono.
6: E whakaae ana te Karauna—
a: ki te kino i whakawhiua ki te kāinga rangatira o Parihaka me ngā tāngata e noho ana ki reira, ko te whakamararatanga hoki o ngā tāngata ki te pū me te takahi tūkinotanga o ngā tikanga o te tangata; ā
b: nā ēnei mahi te pūtake o te kohukihuki o te iwi me te whakakāhoretanga mai o te mana motuhake o te Māori ki te whakawhanake, ki te whakangūngū hapori motuhake i raro i te rangimārie; ā
c: he kino he mahi mōrikarika te whiu ki ngā tāngata o Ngāti Mutunga i Parihaka ā he mea tūkino i te Tiriti o Waitangi me ōna mātāpono.
7: E whakaae ana te Karauna—
a: he koretake, he whāiti noa iho hoki te tirotiro a ngā Komihana Tai Hauāuru, ā, kāore i whakaea tōtika ai ngā whakamou i hua mai i te muru raupatu; ā
b: kāore he pai te rahi o ngā whenua rāhui i whakatūria e ngā Kōmihana mō Ngāti Mutunga e ea ai ōna wawata mō ēnei rangi, mō ngā rangi kei te tū; ā
c: ko ētehi o ngā whenua rāhui i taketakea mai o waho o te rohe o Ngāti Mutunga i whakaritea kē i roto i te rohe o Ngāti Mutunga; ā
d: ki te hui katoatia ngā mahi a te Karauna e pā ana ki ngā Whenua Rāhui o Te Tai Hauāuru (me te utaina mai o te kaupapa rīhi pumou me te hokonga o ngā whenua rarahi e te Kaitiaki Tūmatanui rāua ko te Kaitiaki Māori)—
i: i riro atu ko te rangatiratanga me te mana whakahaere o Ngāti Mutunga ki runga i aua whenua rāhui i rāhuingia mōna i Taranaki; ā
ii: he mea tūkino i te Tiriti o Waitangi me ōna mātāpono.
8: E whakaae ana te Karauna ahakoa ētehi mahi pai āna i te rautau rua tekau, me ērā o te Komihana o Sim, kāore i tōtika te mahi a te Karauna ki te whakatika i ngā whakamou a Ngāti Mutunga. Arā, kāore i tutuki pai ngā utunga i raro i te Ture Taranaki Māori Claims Settlement 1944 hei whakatau pai i ngā whakamou o Ngāti Mutunga.
9: E aro nui ana te Karauna ki ngā tono me ngā akiakinga o Ngāti Mutunga i tāna rapu i te utu, i te tika, me te whakaea o āna kerēme i roto i ngā tau 130 kua pahure, mō ngā mahi a te Karauna.
10: E whakaae ana te Karauna ki te hui katoahia ngā mahi me āna tūkinotanga katoa o te Tiriti o Waitangi me ōna mātāpono kua taimaha rawa te noho tūturu me te mana whakahaere, kua raruraru te whanaketanga taha ōhanga, taha hapori, taha tikanga, taha wairua me te oranga o Ngāti Mutunga. E whakaae ana te Karauna i hapa a ia ki te tiaki i te rangatiratanga o Ngāti Mutunga ā, he mea tūkino tēnei i ana herenga i roto i te Wāhanga Tuarua o te Tiriti o Waitangi.
9: Text of apology in English
The text of the apology in English as set out in the deed of settlement is as follows:
1: The Crown makes this apology to Ngāti Mutunga, to their ancestors and to their descendants.
2: The Crown profoundly regrets, and unreservedly apologises for, the confiscation of Ngāti Mutunga land, which was unconscionable.
3: The Crown profoundly regrets, and unreservedly apologises for, its unconscionable actions at Parihaka.
4: The Crown regrets its failure to acknowledge the mana and rangatiratanga of Ngāti Mutunga.
5: The Crown profoundly regrets, and unreservedly apologises for, the destructive and demoralising effects of its actions, which have caused significant damage to the welfare, economy, and social and economic development of Ngāti Mutunga as an iwi.
6: The Crown profoundly regrets, and unreservedly apologises for, its actions which have resulted in the virtual landlessness of Ngāti Mutunga in Taranaki, and which have caused suffering and hardship to Ngāti Mutunga over the generations to the present day.
7: The Crown apologises to Ngāti Mutunga for all the breaches of the Treaty of Waitangi (te Tiriti o Waitangi)
8: Accordingly, the Crown seeks to atone for these wrongs and to begin the process of healing. The Crown looks forward to building a relationship of mutual trust and co-operation with Ngāti Mutunga.
10: Text of apology in Māori
The text of the apology in Māori as set out in the deed of settlement is as follows:
1: E tuku whakapāha ana te Karauna ki a Ngāti Mutunga, ki ōna tūpuna, ki āna rātou uri whakaheke.
2: E tino pōuri ana, e tuku whakapāha herekore ana te Karauna, mō tana muru i ngā whenua o Ngāti Mutunga, he mahi mōrikarika.
3: E tino pōuri ana, e tuku whakapāha herekore ana te Karauna, mō tāna mahi mōrikarika ki Parihaka.
4: E tino pōuri ana te Karauna mō tana arokore ki te mana me te rangatiratanga o Ngāti Mutunga.
5: E tino pōuri ana, e tuku whakapāha herekore ana te Karauna ki a Ngāti Mutunga, mō ngā putanga i hua mai i āna mahi me ngā mahi kāore i mahia e ia ā, ko te hua o ēnei, ko te whakaruhinga o Ngāti Mutunga. I pā mai te kino ki te ōhanga, te whanaketanga me te pai o te hapori o Ngāti Mutunga.
6: E tino pōuri ana, e tuku whakapāha herekore ana te Karauna ki a Ngāti Mutunga, mō āna mahi me te aha, kua noho tata whenua kore te iwi o Ngāti Mutunga ki Taranaki. Kei te rongo tonu ngā whakatupuranga o ēnei rangi i ngā mamae me ngā taimahatanga i utaina ki runga i a Ngāti Mutunga.
7: E tino pōuri ana, e tuku whakapāha herekore ana te Karauna ki a Ngāti Mutunga mō ngā tūkinotanga katoa o te Tiriti o Waitangi me ōna mātāpono i whakaaengia kētia e te Karauna i runga ake nei.
8: Nā reira e ngana ana te Karauna ki te whakatika i ōna hē, ki te timata i te hātepe whakatikatika. Ka titiro whakamua te Karauna ki te whakatū i tētehi hononga kaha ake ki a Ngāti Mutunga.
2: Interpretation matters
11: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
12: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) archaeological site section 6 area of interest authorisation
a: the Minister of Conservation under section 157
b: the Taranaki Regional Council under section 165E(1)﻿(a) section 165F business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of the provinces of Wellington and Taranaki charter
a: means the Te Rūnanga o Ngāti Mutunga Charter, dated 21 December 2005 and signed by the initial trustees; and
b: includes—
i: the schedules of the charter; and
ii: amendments to the charter and to the schedules of the charter chief executive coastal marine area section 2(1) commercial redress property Commissioner of Crown Lands section 2 consent authority
a: has the meaning given to it in section 2(1)
b: does not include the Minister of Conservation conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown land section 2 Crown owned mineral section 2(1) sections 10 11 Continental Shelf Act 1964 cultural redress property Schedule 1 Cultural Redress Schedule deed of recognition section 56(2) deed of settlement deed
a: mean the deed of settlement dated 31 July 2005 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Mark Burton, for the Crown, and by Dion Tuuta, Jamie Tuuta, Hurimoana (Paddy) Haami, Lewis Callaghan, Miriama Evans, Pikiteataarangi Tapara, and Ewai Tuuta for Ngāti Mutunga; and
b: include—
i: the schedules and attachments to the deed; and
ii: any amendments to the deed, its schedules, and attachments DOC protocol section 21
a: sets out how the Department of Conservation will interact with the trustees in relation to the matters specified in the protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 21 DOC protocol area effective date encumbrance
a: in respect of a cultural redress property, a lease, tenancy, licence to occupy, easement, covenant, or other right affecting that property listed in the third column of Part 1 2 3
b: in respect of a commercial redress property, a lease, tenancy, licence to occupy, easement, covenant, or other right affecting that property listed in the fourth column of Part 1 of Schedule 2 of the deed of settlement fisheries protocol section 21
a: sets out how the Ministry of Fisheries will interact with the trustees in relation to matters specified in the protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 21 fisheries protocol area Heritage New Zealand Pouhere Taonga section 9 initial trustees land holding agent LINZ LINZ protocol section 21
a: sets out how LINZ will interact with the trustees before LINZ resumes ownership of unformed roads within the LINZ protocol area from a territorial authority or a regional council under section 323
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 21 LINZ protocol area local authority section 2(1) MED protocol section 21
a: sets out how the Ministry of Economic Development will consult with the trustees in relation to the matters specified in the protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 21 MED protocol area member of Ngāti Mutunga Ngā Uri o Ngā Tūpuna o Ngāti Mutunga section 13(2) Minister subparts 2 to 6 national park management plan section 2 New Zealand Geographic Board section 3 Ngā Uri o Ngā Tūpuna o Ngāti Mutunga section 13(2) Ngapapa site Part 1 Ngāti Mutunga section 13(1) Ngāti Mutunga historical claims section 14 Ngāti Mutunga Tupuna section 13(3) Nohoanga entitlement
a: under subpart 5
b: over the Nohoanga site; and
c: in the form specified in section 65(2)﻿(b) Nohoanga site
a: the Uruti Domain site described in Schedule 2
b: a site granted as a replacement site under section 82 83 Okoki Pā Historic Reserve Part 2 Okoki Pā site Part 1 Onaero Domain Recreation Reserve Part 3 Onaero site Part 1 protected New Zealand objects protocol section 21
a: sets out how the chief executive of the Ministry for Culture and Heritage will interact with the trustees in relation to the matters specified in that protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 21 Pukemiro site Part 1 regional council section 2(1) Registrar-General section 4 relevant consent authority representative entity
a: the trustees:
b: Ngāti Mutunga Iwi Authority Incorporated:
c: a person (including any trust or trustees) acting for, or on behalf of,—
i: the iwi or collective group referred to in section 13(1)
ii: any 1 or more members of Ngāti Mutunga; or
iii: any 1 or more of the whānau, hapū, or groups of persons referred to in section 13(1)﻿(a) and (b) resource consent section 2(1) responsible Minister
a: the Minister for Arts, Culture and Heritage:
b: the Minister of Conservation:
c: the Minister for Economic Development:
d: the Minister of Energy:
e: the Minister of Fisheries:
f: the Minister for Land Information:
g: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 responsible Ministry
a: the Ministry for Culture and Heritage:
b: the Department of Conservation:
c: the Ministry of Economic Development:
d: the Ministry of Fisheries:
e: LINZ:
f: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 RFR area
a: within the boundary on SO 324322; and
b: shown, for identification purposes only, on the maps set out in Schedule 3 of the RFR deed RFR deed
a: signed by the Crown and by the trustees; and
b: on the terms and conditions set out in Part 4 of Schedule 2 of the deed of settlement settlement date specified coastal area statements of association section 48(2) statutory acknowledgement section 48 subpart 3 statutory area Schedule 3 taonga tūturu
a: has the meaning given to it in section 2
b: includes ngā taonga tūturu section 2 Taranaki Land District Te Rau o Te Huia Pā site Part 1 Te Rūnanga o Ngāti Mutunga trust Te Urenui Pā site Part 1 trustees of Te Rūnanga o Ngāti Mutunga trustees Urenui Domain Recreation Reserve Part 3 Urenui site Part 1 vested recreation reserve
a: the Onaero Domain Recreation Reserve (including any part of that reserve); and
b: the Urenui Domain Recreation Reserve (including any part of that reserve) waterway
a: means a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water, and includes a stream and modified watercourse; and
b: includes coastal waters, including harbours; but
c: does not include an artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal. Section 12 archaeological site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 12 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 12 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
13: Meaning of Ngāti Mutunga and of Ngā Uri o Ngā Tūpuna o Ngāti Mutunga
1: In this Act, Ngāti Mutunga
a: the following historical hapū, which no longer form distinct communities within Ngāti Mutunga:
i: Kaitangata:
ii: Ngāti Aurutu:
iii: Ngāti Hinetuhi:
iv: Ngāti Kura:
v: Ngāti Okiokinga:
vi: Ngāti Tupawhenua:
vii: Ngāti Uenuku:
viii: Te Kekerewai; and
b: any whānau, hapū, or group of persons to the extent that such persons are referred to in subsection (2).
2: In this Act, Ngā Uri o Ngā Tūpuna o Ngāti Mutunga
3: In this section and section 14 Ngāti Mutunga Tupuna
a: by virtue of being descended from—
i: Mutunga (son of Kahukura and Hinemoe), Hinetuhi, and Hineweo; or
ii: a recognised ancestor of any whānau, hapū, or group referred to in subsection (1)﻿(a) or (b); and
b: predominantly in relation to the area of interest.
4: In subsection (3), customary rights
a: rights to occupy land; and
b: rights in relation to the use of—
i: land:
ii: other natural or physical resources.
5: For the purposes of this section, a person may descend from another person through—
a: birth; or
b: legal adoption; or
c: customary adoption in accordance with Ngāti Mutunga tikanga.
14: Meaning of Ngāti Mutunga historical claims
1: In this Act, Ngāti Mutunga historical claims
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 Ngāti Mutunga (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
i: is, or is founded on, a right arising—
A: from the Treaty of Waitangi (te Tiriti o Waitangi)
B: under legislation; or
C: at common law (including aboriginal title or customary law); or
D: from fiduciary duty; or
E: otherwise; and
ii: 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; and
b: includes every other claim to the Waitangi Tribunal to which paragraph (a) applies as far as it relates to Ngāti Mutunga (or a representative entity), including—
i: Wai 54 (Nga Iwi o Taranaki claim); and
ii: Wai 126 (Motunui Plant and Petrocorp claim); and
iii: Wai 131 (Taranaki Māori Trust Board claim); and
iv: Wai 143 (Taranaki consolidated claims); and
v: Wai 583 (Ripeka Elena Ogle claim); and
vi: Wai 667 (Tamati Whanganui descendants claim); but
c: does not include the following claims:
i: a claim that a member of Ngāti Mutunga, or a whānau, hapū, or group referred to in section 13(1)﻿(a) or (b)
ii: a claim that Ngāti Mutunga may have as a result of a loss of interest in land in New Zealand, or in the natural or physical resources in that land, if the land is outside the Taranaki Land District; or
iii: a claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in subparagraph (i) or subparagraph (ii).
2: Subsection (1)﻿(a) is not limited by subsection (1)﻿(b).
3: For the purposes of this section, land in New Zealand sections 5 6 6A
3: Settlement of claims
Jurisdictions of courts, etc, removed
15: Settlement of Ngāti Mutunga historical claims final
1: The settlement of Ngāti Mutunga historical claims effected under the deed of settlement and this Act 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.
2: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: any or all of the Ngāti Mutunga historical claims; or
b: the deed of settlement; or
c: the redress provided to the trustees under the deed of settlement or under this Act; or
d: this Act.
3: Subsection (2) 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. Treaty of Waitangi Act 1975 amended Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
16: Jurisdiction of Tribunal to consider claims
Section 16 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Protections no longer apply
17: Certain enactments do not apply
1: Nothing in the enactments listed in subsection (2) applies—
a: to land in the RFR area; or
b: in respect of Ngāti Mutunga or a representative entity, to land in the Taranaki Land District that is outside the RFR area.
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 17(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Removal of memorials
1: The chief executive must, as soon as is reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: solely within the RFR area; and
b: contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 17(2)
2: Each certificate must state that it is issued under this section.
3: 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 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 17(2)
4: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
19: 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 trust may exist in law; or
ii: the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or
b: apply to a document entered into to give effect to particular provisions of 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 trust becomes a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019 Date on which actions or matters must occur
20: Timing of actions or matters
1: Subject to subsection (2), actions or matters occurring under this Act occur or take effect on and from the settlement date.
2: If a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date.
2: Cultural redress
1: Protocols
General provisions
21: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the trustees in the form set out in Part 1 of the Cultural Redress Schedule; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1) 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 with, and having particular regard to the views of, the trustees.
22: 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 (without limitation) the ability to—
i: introduce legislation and change government policy; and
ii: interact or consult with a person the Crown considers appropriate, including, without limitation, any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a responsible Ministry; or
c: the legal rights of Ngāti Mutunga or a representative entity.
23: 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 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 in enforcing the protocol under subsection (2). Noting of certain protocols
24: Noting and effect of DOC protocol
1: A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.
2: The noting of the DOC protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
3: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—
a: the Conservation Act 1987
b: the statutes listed in Schedule 1
25: Noting and effect of fisheries protocol
1: A summary of the terms of the fisheries protocol must be noted in the fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of Part 3
3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights held, managed, or administered under the Fisheries Act 1996 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Maori Fisheries Act 2004
4: In this section, fisheries plan section 11A
26: Noting and effect of MED protocol
1: A summary of the terms of the MED protocol must be noted in—
a: a register of protocols maintained by the chief executive of the Ministry of Economic Development; and
b: the minerals programmes affecting the MED protocol area when those programmes are replaced.
2: The noting of the MED protocol is—
a: for the purpose of public notice only; and
b: not an amendment to the minerals programme for the purposes of the Crown Minerals Act 1991
3: The MED protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown owned minerals.
4: In this section, minerals programme section 2(1)
27: Effect of protected New Zealand objects protocol
The protected New Zealand objects protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
28: Effect of LINZ protocol
The LINZ protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an unformed road.
2: Cultural redress properties
Vesting of cultural redress properties
29: Onaero site
1: The reservation of the Onaero site as a recreation reserve subject to section 17
2: The fee simple estate in the Onaero site vests in the trustees.
30: Pukemiro site
1: The reservation of the Pukemiro site as an historic reserve subject to section 18
2: The fee simple estate in the Pukemiro site vests in the trustees.
3: Subsections (1) and (2) are subject to the trustees—
a: providing the Crown with a registrable covenant—
i: to preserve the natural values of the Pukemiro site; and
ii: in the form set out in Part 2 of the Cultural Redress Schedule (the Pukemiro Covenant
b: signing the Pukemiro Covenant, and returning it to the Crown, within 20 business days after the Crown provides the Pukemiro Covenant to the trustees.
4: If the trustees comply with subsection (3)﻿(b)—
a: by or on the settlement date, the Pukemiro site will vest in the trustees on the settlement date; or
b: after the settlement date, the Pukemiro site will vest in the trustees 10 business days after the trustees sign and return the Pukemiro Covenant to the Crown.
5: The Pukemiro Covenant is to be treated as a conservation covenant for the purposes of section 77
31: Te Rau o Te Huia Pā site
1: The reservation of the Te Rau o Te Huia Pā site as an historic reserve subject to section 18
2: The fee simple estate in the Te Rau o Te Huia Pā site vests in the trustees.
32: Ngapapa site
1: The reservation under the Reserves Act 1977
2: The fee simple estate in the Ngapapa site vests in the trustees.
33: Urenui site
1: The Urenui site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Urenui site vests in the trustees.
3: Subsections (1) and (2) are subject to the trustees—
a: providing the Crown with a registrable covenant—
i: for conservation purposes in order to protect the conservation values, including public access, at the Urenui site; and
ii: to preserve the natural values of the Urenui site; and
iii: in the form set out in Part 2 of the Cultural Redress Schedule (the Urenui Covenant
b: signing the Urenui Covenant, and returning it to the Crown, within 20 business days after the Crown provides the Urenui Covenant to the trustees.
4: If the trustees comply with subsection (3)﻿(b)—
a: by or on the settlement date, the Urenui site will vest in the trustees on the settlement date; or
b: after the settlement date, the Urenui site will vest in the trustees 10 business days after the trustees sign and return the Urenui Covenant to the Crown.
5: The Urenui Covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
34: Te Urenui Pā site
1: The reservation of the Te Urenui Pā site as an historic reserve subject to section 18
2: The fee simple estate in the Te Urenui Pā site vests in the trustees.
3: Subsections (1) and (2) are subject to the trustees—
a: providing the Crown with a registrable covenant—
i: to preserve the natural values of the Te Urenui Pā site; and
ii: in the form set out in Part 2 of the Cultural Redress Schedule (the Te Urenui Pā Covenant
b: signing the Te Urenui Pā Covenant, and returning it to the Crown, within 20 business days after the Crown provides the Te Urenui Pā Covenant to the trustees.
4: If the trustees comply with subsection (3)﻿(b)—
a: by or on the settlement date, the Te Urenui Pā site will vest in the trustees on the settlement date; or
b: after the settlement date, the Te Urenui Pā site will vest in the trustees 10 business days after the trustees sign and return the Te Urenui Pā Covenant to the Crown.
5: The Te Urenui Pā Covenant is to be treated as a conservation covenant for the purposes of section 77
6: The vesting referred to in subsection (2) is a disposition for the purposes of Part 4A sections 24 24B
7: On the vesting referred to in subsection (2), the Registrar-General must record, in accordance with section 24D(1A) section 24
35: Okoki Pā site
1: The reservation of the Okoki Pā site as an historic reserve subject to section 18
2: The fee simple estate in the Okoki Pā site vests in the trustees.
3: Subsections (1) and (2) are subject to the trustees—
a: providing the Crown with a registrable covenant—
i: to preserve the natural values of the Okoki Pā site; and
ii: in the form set out in Part 2 of the Cultural Redress Schedule (the Okoki Pā Covenant
b: signing the Okoki Pā Covenant, and returning it to the Crown, within 20 business days after the Crown provides the Okoki Pā Covenant to the trustees.
4: If the trustees comply with subsection (3)﻿(b)—
a: by or on the settlement date, the Okoki Pā site will vest in the trustees on the settlement date; or
b: after the settlement date, the Okoki Pā site will vest in the trustees 10 business days after the trustees sign and return the Okoki Pā Covenant to the Crown.
5: The Okoki Pā Covenant is to be treated as a conservation covenant for the purposes of section 77
36: Okoki Pā Historic Reserve
1: The Okoki Pā Historic Reserve vests in the trustees.
2: The trustees must hold and administer the Okoki Pā Historic Reserve for the purposes of section 18 section 26
3: Section 24
4: The trustees are the administering body for the Okoki Pā Historic Reserve. Vested recreation reserves
37: Onaero Domain Recreation Reserve
1: The vesting of the Onaero Domain Recreation Reserve in the New Plymouth District Council under section 26A
2: The fee simple estate in the Onaero Domain Recreation Reserve vests in the trustees.
38: Urenui Domain Recreation Reserve
1: The part of the Urenui Domain Recreation Reserve described in the second column of Part 3
a: classified as a recreation reserve as if it had been classified under section 16
b: vested in the New Plymouth District Council as if it had been vested under section 26
c: united with the rest of the Urenui Domain Recreation Reserve as if it had been united with that reserve under section 52
2: The vesting of the Urenui Domain Recreation Reserve in the New Plymouth District Council under sections 26 26A
3: The fee simple estate in the Urenui Domain Recreation Reserve vests in the trustees.
39: Reserve status of vested recreation reserves preserved
1: Until the reservation of a vested recreation reserve is revoked, the reserve is to be treated for all purposes (unless otherwise provided in this Act) as if it—
a: remains vested in the New Plymouth District Council under—
i: section 26A
ii: sections 26 26A
b: has not been vested in the trustees under—
i: section 37(2)
ii: section 38(3)
2: In relation to a vested recreation reserve, until its reservation is revoked,—
a: the reserve remains a recreation reserve that is subject to the Reserves Act 1977
b: the New Plymouth District Council—
i: continues to be the administering body of the reserve, with all the functions, obligations, and powers of an administering body in which a reserve is vested; and
ii: may continue to exercise its powers as an administering body under the Reserves Act 1977
A: section 48
B: section 53
C: section 54
D: section 73
E: section 74
F: section 75
G: section 106(2)
c: the Minister—
i: has all the Minister’s functions, obligations, and powers under the Reserves Act 1977
ii: may continue to exercise the Minister’s powers under the Reserves Act 1977
A: section 26
B: section 27
C: sections 28 29 30 35 36
D: section 108
3: If the Minister exercises his or her power, under section 27
a: the reserve is to be treated as if it were revested in the Crown under section 27(1) or (4)
b: the Minister may then vest that reserve in a local authority, trustees, or any other lawful authority under section 26
4: In subsections (2)﻿(c)﻿(ii)﻿(C) and (3)﻿(b), trustees section 2(1)
5: Subsections (2) and (3) do not limit subsection (1).
6: Subsections (2), (3), and (4) are for the avoidance of doubt.
40: Limitations on dealing with vested recreation reserves
1: A vested recreation reserve must not be—
a: exchanged for other land under section 15
b: united with another reserve, or part of another reserve, under section 52
2: Land purchased, under section 64(1)
3: The vestings of the vested recreation reserves under sections 37(2) 38(3)
a: affect the rights or obligations of persons who are not parties to the deed of settlement, including (without limitation) rights or obligations in relation to—
i: the vested recreation reserve (including under any lease or tenancy arrangement) that arise before any revocation of its reserve status; or
ii: the ownership, management, or control of fixtures, structures, or improvements (including trees) attached to, on, or under a vested recreation reserve before any revocation of its reserve status; or
b: confer or impose on the trustees any rights or obligations referred to in paragraph (a).
4: The rights and obligations referred to in subclause (3)﻿(a) are limited to those rights and obligations that arise before any revocation of the reserve status of a vested recreation reserve.
5: The trustees must not dispose of, transfer, or charge (including mortgage) a vested recreation reserve.
6: However, subsection (5) does not apply to a transfer if the relevant instrument of transfer is accompanied by a certificate, given by the trustees or their solicitor, verifying that the transfer is—
a: required to enable the relevant legal title to be transferred from one trustee to another trustee; and
b: solely for the purposes of administering the trust.
7: Subsections (5) and (6)—
a: do not limit section 39(1)
b: are for the avoidance of doubt. Revocation of reservation of vested recreation reserves
41: Application of section 24 of the Reserves Act 1977
1: Section 24
2: Subsection (1) is for the avoidance of doubt.
3: For ease of reference, section 24 Schedule 5
4: However, in the event of inconsistency between section 24 Schedule 5
42: Effects of revocation
The effects of a revocation under section 24
a: section 25
i: does not become Crown land; and
ii: must not be disposed of in accordance with the specifications of the Minister under that section; and
b: the fee simple in the vested recreation reserve remains vested in the trustees and is subject to—
i: any restrictions, encumbrances, liens, and interests specified in the notice given by the Minister under section 24(1)
ii: (in particular) the rights of persons referred to in section 40(3)﻿(a) and (b)
c: sections 39 40(1), (2), (5), and (6) 45 General provisions relating to vesting of cultural redress properties
43: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to the encumbrances (if any) listed in the third column of Schedule 1
44: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property that vests in the trustees under this Act.
2: The Registrar-General must, on written application by a person authorised by the Director-General of Conservation, comply with subsections (3) and (4).
3: To the extent that the property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—
a: register the trustees as the proprietors of the fee simple estate in the land; and
b: make those entries in the register; and
c: do all other things necessary to give effect to this subpart and Part 10 of the deed of settlement.
4: To the extent that the property does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property, the Registrar-General must, in accordance with the application referred to in subsection (2) and in relation to the property, create a computer freehold register in the names of the trustees, subject to, and together with, any encumbrances that are registered, notifiable, or notified and that are described in the written application.
5: Subsection (4) applies subject to completing any survey necessary to facilitate the creation of the computer freehold register.
6: 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 cultural redress property vests in the trustees; or
b: any later date that may be agreed in writing by the trustees and the Crown.
7: Subsections (3) and (4) override sections 26A(3) 116
45: Notification on register of vested recreation reserves
1: This section applies to the fee simple estate in vested recreation reserves that vest in the trustees under section 37(2) section 38(3)
2: The computer freehold register created under section 44
a: must contain a notification recording that the reserve—
i: was vested in accordance with—
A: section 37
B: section 38
ii: is subject to sections 39 to 42
b: must not contain any noting of the vesting, or cancellation of the vesting, of that vested recreation reserve under the Reserves Act 1977
3: Subsection (2) overrides—
a: section 112(2)
b: section 129(2), (3), and (5)
4: Subsection (2)﻿(b) overrides sections 27(5) 116
46: Application of other enactments
1: Sections 24 25
2: Section 11 Part 10
a: the vesting in the trustees of the fee simple estate in a cultural redress property under this subpart; or
b: a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in a cultural redress property under this subpart.
3: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 section 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: The vesting, under this subpart, of a fee simple estate in a cultural redress property listed in Part 1 Part 4A
6: Subsection (5) does not apply to the vesting of the Te Urenui Pā site under section 34(2)
7: The vesting, under this subpart, of a fee simple estate in a cultural redress property listed in Part 3 Part 4A
a: the reservation of that vested recreation reserve is revoked (in which case the vesting is a disposition for the purposes of Part 4A
b: the reservation of part of that vested recreation reserve is revoked (in which case the vesting of that part is a disposition for the purposes of Part 4A
8: Sections 24(2A) 24A 24AA
9: Nothing in sections 37 to 42 Protected Objects Act 1975
47: Application of certain amounts
1: The Minister may direct that any payment for any site or reserve listed in subsection (2) be paid and applied in the manner specified in section 82(1)﻿(a)
2: The sites and reserves referred to in subsection (1) are—
a: the Onaero site:
b: the Pukemiro site:
c: the Te Rau o Te Huia Pā site:
d: the Ngapapa site:
e: the Te Urenui Pā site:
f: the Okoki Pā site:
g: both vested recreation reserves.
3: A direction made under subsection (1) is to be treated as if it were a direction under section 82(1)﻿(a)
3: Statutory acknowledgements and deeds of recognition
48: Statutory acknowledgements by the Crown
1: The Crown acknowledges the statements of association.
2: In this subpart, statements of association
a: made by Ngāti Mutunga, of the particular cultural, spiritual, historical, and traditional association of Ngāti Mutunga with each statutory area; and
b: in the form set out in Part 5 of the Cultural Redress Schedule at the settlement date.
49: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 50 to 52
b: to require relevant consent authorities to forward summaries of resource consent applications to the trustees, as provided for in section 54
c: to enable the trustees and a member of Ngāti Mutunga to cite the statutory acknowledgements as evidence of the association of Ngāti Mutunga with the relevant statutory areas, as provided for in section 55
2: This section does not limit the operation of sections 58 to 61 Section 49(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
50: Relevant consent authorities to have regard to statutory acknowledgements
1: On and from the effective date, a relevant consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C
2: Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
51: Environment Court to have regard to statutory acknowledgements
1: On and from the effective date, the Environment Court must have regard to a statutory acknowledgement relating to a statutory area in determining under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991
52: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
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) Section 52 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
53: Recording statutory acknowledgements on statutory plans
1: From the effective date, each relevant consent authority must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
2: The attachment of information under subsection (1) to a statutory plan—
a: must include the relevant provisions of this subpart in full, the description of the statutory area, and the statement of association; and
b: is for the purpose of public notice only, and the information is not—
i: part of the statutory plan (unless adopted by the relevant consent authority); or
ii: subject to the provisions of Schedule 1
3: In this section, statutory plan
a: means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1)
b: includes a proposed policy statement provided for in Schedule 1
54: Distribution of resource consent applications to trustees
1: Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.
2: The information provided under subsection (1) must be—
a: the same as would be given under section 93
b: provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C
3: The trustees may, by notice in writing to a relevant consent authority,—
a: waive their rights to be notified under this section; and
b: state the scope of that waiver and the period it applies for.
4: For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.
5: This section does not affect the obligation of a relevant consent authority to—
a: notify an application in accordance with sections 93 94C
b: form an opinion as to whether the trustees are persons who may be adversely affected under those sections.
55: Use of statutory acknowledgements
1: The trustees and a member of Ngāti Mutunga may, as evidence of the association of Ngāti Mutunga with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Minister (in relation to a restricted coastal activity in a statutory area), the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: relevant consent authorities:
b: the Minister:
c: the Environment Court:
d: Heritage New Zealand Pouhere Taonga:
e: parties to proceedings before those bodies:
f: any other person able to participate in those proceedings.
3: Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Neither the trustees nor a member of Ngāti Mutunga are precluded from stating that Ngāti Mutunga have an association with a statutory area that is not described in the statutory acknowledgement.
5: The content and existence of the statutory acknowledgement does not limit a statement made under subsection (4). Section 55(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 55(2)﻿(d) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
56: Authorisation to enter into and amend deeds of recognition
1: The Minister, or the Commissioner of Crown Lands, or both, as the case may be, may—
a: enter into deeds of recognition with the trustees in respect of the land within the statutory areas:
b: amend a deed of recognition by entering into a deed with the trustees to amend that deed of recognition.
2: In this section, deed of recognition
a: entered into in accordance with clauses 11.19 to 11.25 of the deed of settlement; and
b: in the form set out in Part 6 of the Cultural Redress Schedule; and
c: provided to the trustees by the Minister, or the Commissioner of Crown Lands, or both, as specified in the third column of Schedule 3
57: Statutory acknowledgements in relation to rivers
If a statutory acknowledgement relates to a river, the river—
a: includes—
i: a continuously or intermittently flowing body of fresh water, including a stream or a modified watercourse; and
ii: the bed of the river; but
b: does not include—
i: an artificial watercourse; or
ii: a part of the bed of the river that is not owned by the Crown; or
iii: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
iv: a tributary that flows into the river. General provisions
58: Crown not precluded from granting other statutory acknowledgement or deed of recognition
Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngāti Mutunga or the trustees with respect to the same area.
59: Exercise of powers and performance of functions and duties not affected
1: Except as expressly provided in this subpart,—
a: neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Ngāti Mutunga with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.
2: Subsection (1)﻿(b) does not affect the operation of subsection (1)﻿(a).
60: Rights not affected
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the deed of settlement.
61: Limitation of rights
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. Amendment to Resource Management Act 1991
62: Schedule 11 of Resource Management Act 1991 amended
Schedule 11 Ngāti Mutunga Claims Settlement Act 2006.
4: Access to deed of settlement
63: 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 on any business day; and
b: free of charge, on an Internet site maintained by or on behalf of the Ministry of Justice.
5: Nohoanga entitlement
Grant of Nohoanga entitlement
64: Stopping of road on Nohoanga site
1: The following provisions apply to the Nohoanga site described in Schedule 2
a: the road shown as Section 1, SO 9578 Taranaki Land District (containing 7 537 square metres more or less) is stopped and ceases to be a road:
b: on ceasing to be a road, the former road referred to in paragraph (a), together with 376 square metres (being Section 1, SO 369860 Taranaki Land District)—
i: vests in the Crown as a scenic reserve subject to section 19(1)﻿(a)
ii: forms part of the Uruti Domain Scenic Reserve.
2: To avoid doubt, section 345(3)
65: Grant and renewal of Nohoanga entitlement
1: The Crown must, in accordance with this subpart, grant to the trustees a Nohoanga entitlement over the Nohoanga site.
2: The grant must be—
a: for an initial term of 10 years beginning on the settlement date; and
b: made in the form set out in Part 3 of Schedule 1 of the Cultural Redress Schedule, or as varied in accordance with section 67
3: If there is inconsistency between the provisions of the form used for the Nohoanga entitlement under subsection (2)﻿(b) and the provisions of this subpart, the provisions of this subpart prevail.
4: The Nohoanga entitlement must, at the option of the trustees, be renewed for further terms of 10 years unless the Nohoanga entitlement is terminated under section 82 83
66: Notification of Nohoanga entitlement
1: The land holding agent must notify the grant or renewal of the Nohoanga entitlement in the Gazette
2: The chief executive must note in his or her records—
a: the grant or renewal of the Nohoanga entitlement; and
b: the notice in the Gazette
67: Terms and conditions of Nohoanga entitlement may be varied
1: The form of the Nohoanga entitlement may be varied from the form specified in section 65(2)﻿(b)
a: the addition by the land holding agent, at the time of the grant of the Nohoanga entitlement, of terms reasonably required by the Crown to protect and preserve—
i: the Nohoanga site:
ii: the surrounding land:
iii: associated flora and fauna; or
b: agreement between the land holding agent and the trustees.
2: Any variations under subsection (1) must be in writing and must not be inconsistent with this subpart. Purpose of Nohoanga entitlement
68: Purpose of Nohoanga entitlement
The Nohoanga entitlement is granted to the trustees for the purpose of permitting members of Ngāti Mutunga to occupy the Nohoanga site, temporarily, exclusively, and on a non-commercial basis,—
a: so as to have access to a waterway for lawful fishing; and
b: for the lawful gathering of other natural resources in the vicinity of the Nohoanga site. Rights under Nohoanga entitlement
69: Occupation of Nohoanga site by members of Ngāti Mutunga
1: The trustees have the right to permit members of Ngāti Mutunga to occupy the Nohoanga site—
a: for the purpose referred to in section 68
b: to the exclusion of other persons during the period or periods that it exercises the right to occupy the site.
2: Subsection (1) applies subject to sections 70 to 75
70: Period of occupation of Nohoanga site
1: The trustees may permit members of Ngāti Mutunga to occupy the Nohoanga site, to the exclusion of other persons, for any period or periods in a calendar year that do not exceed 210 days in total.
2: The trustees must not permit members of Ngāti Mutunga to occupy the Nohoanga site in a calendar year during the period beginning on 1 May and ending with the close of 15 August.
71: Right to erect temporary dwellings
1: The trustees may permit members of Ngāti Mutunga, while occupying the Nohoanga site under the Nohoanga entitlement, to erect camping shelters or similar temporary dwellings on the site.
2: The trustees must ensure the removal of any camping shelters or temporary dwellings erected on the Nohoanga site whenever the right to occupy that Nohoanga site is not being exercised.
72: Condition of land when occupation ceases
1: The trustees must, whenever members of Ngāti Mutunga who are permitted to occupy the Nohoanga site under section 69
2: Subsection (1) does not apply to temporary effects normally associated with occupation of a Nohoanga site under a Nohoanga entitlement.
73: Activities on Nohoanga site
1: This section applies subject to section 71
2: The trustees may, with the written consent of the land holding agent, permit members of Ngāti Mutunga to undertake other activities on the Nohoanga site that are reasonably necessary for the Nohoanga entitlement to be used for the purpose set out in section 68
3: When applying for the land holding agent’s consent, the trustees must provide to the land holding agent full details of the proposed activities, including (but not limited to)—
a: the effect of the proposed activities—
i: on the Nohoanga site; and
ii: if the Nohoanga site is held under the Conservation Act 1987 Schedule 1
b: any measures that the trustees propose to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate adverse effects on the Nohoanga site.
4: In considering whether to give consent in relation to land held under the Conservation Act 1987 Schedule 1
5: The giving of consent is at the complete discretion of the land holding agent.
6: The land holding agent may give consent subject to any conditions that he or she thinks fit to impose.
7: Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 Schedule 1
8: If the Crown has complied with its obligations under the Nohoanga entitlement, the Crown is not liable to compensate the trustees or the trust (whether on termination of the Nohoanga entitlement or at another time) for activities undertaken by the trustees on the Nohoanga site. Obligations relating to Nohoanga entitlement
74: Nohoanga entitlement must not impede public access
The grant and exercise of the Nohoanga entitlement must not impede access by members of the public along a waterway.
75: Crown functions to continue
The grant and exercise of the Nohoanga entitlement does not prevent agents of the Crown or persons exercising statutory powers from undertaking their functions in relation to the land over which the Nohoanga entitlement is granted.
76: Nohoanga entitlement does not restrict Crown’s right to dispose of land
The grant and exercise of the Nohoanga entitlement does not restrict the Crown’s right to dispose of the Nohoanga site, land adjacent to the Nohoanga site, or land adjacent to a waterway.
77: Trustees may enforce rights against other persons
While members of Ngāti Mutunga are occupying the Nohoanga site under the Nohoanga entitlement, the trustees may enforce their rights under the Nohoanga entitlement against persons who are not parties to the deed of settlement as if the trustees were the owners of the Nohoanga site.
78: Crown’s obligation to provide lawful access
1: If an event described in subsection (2) occurs during the term of the Nohoanga entitlement, the Crown must use reasonable endeavours to ensure that members of Ngāti Mutunga continue, for the rest of the term, to have the same type of access to the Nohoanga site as they had before the event occurred.
2: The events are—
a: the Crown disposing of land adjacent to the Nohoanga site:
b: a change in the classification or status of land adjacent to the Nohoanga site.
3: The Crown’s obligation under subsection (1) is subject to compliance with all applicable provisions in or under any other enactment.
79: Compliance with laws, bylaws, and land and water management practices
1: The trustees, members of Ngāti Mutunga permitted to occupy the Nohoanga site under section 69
2: The land holding agent, in carrying out land and water management practices that relate to the Nohoanga site, must have regard to the existence of the Nohoanga entitlement and must—
a: notify the trustees of an activity that may affect the use of the site; and
b: avoid unreasonable disruption to the use of the site.
3: The trustees are subject to any requirement to apply for resource consents for activities on the Nohoanga site.
4: Subsection (3) does not limit subsection (1).
5: In this section, activities section 73
80: Rights of trustees under Nohoanga entitlement not assignable
The rights of the trustees under the Nohoanga entitlement are not assignable. Suspension and termination of Nohoanga entitlement
81: Suspension of Nohoanga entitlement
1: The land holding agent may suspend the Nohoanga entitlement in accordance with this section.
2: The land holding agent must not suspend the Nohoanga entitlement unless he or she first—
a: consults the trustees; and
b: has particular regard to the views of the trustees.
3: The land holding agent must not suspend the Nohoanga entitlement unless he or she considers the suspension necessary for the management of the land, having regard to the purposes for which the land is held by the land holding agent.
4: If the Nohoanga entitlement is suspended, the trustees may, after the end of the suspension, permit members of Ngāti Mutunga to occupy the Nohoanga site for a period equal to the period of the suspension.
5: The occupation of the Nohoanga site under subsection (4) is not subject to the restriction under section 70(2)
82: Termination of Nohoanga entitlement
1: The trustees and the Crown may terminate the Nohoanga entitlement by written agreement.
2: The Crown may terminate the Nohoanga entitlement by giving written notice to the trustees on 1 or more of the following grounds:
a: that the Crown has disposed of the Nohoanga site:
b: that the Nohoanga site has been destroyed or permanently and detrimentally affected:
c: that the Nohoanga site is on reserve land that may be required for the specific purpose for which it is held as a reserve:
d: that the Nohoanga site is an unformed legal road that is to be formed:
e: that, despite the Crown’s reasonable endeavours, lawful access to the Nohoanga site has ceased to exist because of the occurrence of an event described in section 78(2)
3: On the termination of the Nohoanga entitlement under this section, the Crown must take all reasonable steps to grant a replacement Nohoanga entitlement to the trustees.
4: Subsection (3) does not apply in relation to the Nohoanga entitlement if the fee simple estate in the Nohoanga site is vested in the trustees.
5: The grant of a replacement Nohoanga entitlement under subsection (3) must be over land that complies with clause 11.5 of the deed of settlement.
83: Termination of Nohoanga entitlement for breach of obligations
1: This section applies if the trustees default in performing any of their obligations under the Nohoanga entitlement.
2: If the default is capable of remedy, the Crown may give notice to the trustees in writing, specifying the default and the remedy for the default required by the Crown.
3: The remedy required by the Crown must be reasonable in the circumstances.
4: If, at the end of 41 business days after notice is given by the Crown under subsection (2), the trustees have not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the trustees.
5: If the default is not capable of remedy, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the trustees.
6: The trustees may, not earlier than 2 years after the termination of the Nohoanga entitlement under this section, apply to the Minister of Māori Affairs for the grant of a replacement Nohoanga entitlement that complies with clause 11.5 of the deed of settlement.
7: On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Nohoanga entitlement over land that complies with clause 11.5 of the deed of settlement.
84: Notification of termination of Nohoanga entitlement
1: If the Nohoanga entitlement is terminated under section 82 83 Gazette
2: The chief executive must note in his or her records the termination of the Nohoanga entitlement and its notification in the Gazette Rights not affected or created
85: Rights of other parties not affected
Except as expressly provided in this subpart, the grant and exercise of the Nohoanga entitlement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
86: No creation of rights in Nohoanga site
Except as expressly provided in this subpart, the grant and exercise of the Nohoanga entitlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the Nohoanga site. Application of other enactments
87: Part 3B of Conservation Act 1987 does not apply
Part 3B
88: Section 8(1) and (3) of Local Government (Rating) Act 2002 applies
1: To avoid doubt, section 8(1) and (3)
2: The trustees must reimburse the person paying the rates for the Nohoanga site for rates payable under section 9
89: Section 44 of Reserves Act 1977 does not apply
Section 44
90: Section 11 and Part 10 of Resource Management Act 1991 do not apply
The grant of the Nohoanga entitlement is not a subdivision for the purposes of section 11 Part 10
6: Coastal tendering
91: Preferential right to purchase authorisations under Part 7 of Resource Management Act 1991
1: If the Minister offers authorisations for a part of the specified coastal area by public tender under Part 7
2: The preferential right referred to in subsection (1) must be provided and exercised in accordance with the process set out in Part 8 of the Cultural Redress Schedule.
3: Disputes in relation to the preferential right must be resolved in accordance with clause 2 of Part 8 of the Cultural Redress Schedule.
92: Preferential right to purchase authorisations under Part 7A of Resource Management Act 1991
1: If the Taranaki Regional Council offers authorisations for a part of the specified coastal area by public tender under Part 7A
2: The preferential right referred to in subsection (1) must be provided and exercised in accordance with the process set out in Part 8 of the Cultural Redress Schedule.
3: Disputes in relation to the preferential right must be resolved in accordance with clause 2 of Part 8 of the Cultural Redress Schedule.
93: Limit on proportion of authorisations able to be purchased
1: The authorisations that the trustees have a preferential right to purchase under section 91 92
a: either—
i: must equal in area 10% of the authorisations that are the subject of the tender; or
ii: may equal in area less than 10% of the authorisations that are the subject of the tender, if such smaller area has been agreed to, in writing, by the trustees and the Minister, or the trustees and the Council, as the case may be; and
b: in either case, must be of not less than fair average quality in terms of the relevant portion of the specified coastal area, relative to the quality of those portions for all other authorisations that are the subject of the tender.
2: The limit specified in subsection (1)﻿(a)﻿(i) may be exceeded if the size and shape of the part of the specified coastal area for the authorisations that are the subject of the tender make it impractical to comply with the limitation.
94: Trustees treated as having made tender
1: If the trustees have a preferential right under section 91 92 section 158 section 165Q(2) to (4)
2: The tender of the trustees under subsection (1) must be treated, by the Minister or by the Taranaki Regional Council, as the case may be, as the most preferred tender for the relevant authorisations if, in response to an offer made by public tender under Part 7 Part 7A
a: receives no tenders; or
b: considers that he or she would reject every tender received.
95: Exercise of powers and performance of duties and functions not affected
Except as expressly provided in this subpart, nothing in this subpart affects the powers, duties, or functions of—
a: the Minister under Part 7 Part 7A
b: the Taranaki Regional Council under Part 7A
96: Rights not affected
Except as expressly provided in this subpart, nothing in this subpart affects the lawful rights or interests of a person who is not a party to the deed of settlement.
97: Limitation of rights
Except as expressly provided in this subpart,—
a: the preferential right provided to the trustees under this subpart does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the specified coastal area:
b: nothing in this subpart limits or affects the rights of Ngāti Mutunga to acquire authorisations or otherwise exercise a statutory right, power, or privilege in respect of the specified coastal area. Amendment to Resource Management Act 1991
98: Section 165R of Resource Management Act 1991 amended
Section 165R(2)
f: section 92 of the Ngāti Mutunga Claims Settlement Act 2006
7: Place names
99: Change and assignment of place names
1: The existing historic reserve name and the unnamed place in the first column of Schedule 4
2: The changes made under subsection (1) are taken to have been made—
a: with the approval of the New Zealand Geographic Board; and
b: in accordance with the New Zealand Geographic Board Act 1946
3: Commercial redress
Transfer of commercial redress properties
100: Transfer of commercial redress properties
To give effect to clause 14.1 of the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in a commercial redress property to the trustees:
b: sign a transfer instrument or other document, or do any other thing, to execute such a transfer.
101: Creation of computer register
1: This section applies to a commercial redress 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 registered, 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 created in accordance with subsection (3) 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 a property that is to be transferred to the trustees.
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
b: the Registrar-General must register the covenant in accordance with paragraph (a).
8: In this section, authorised person
a: who is authorised by the chief executive of the transferor agency (as defined in clause 18.4 of the deed of settlement); and
b: referred to as an authorised person in clause 14.3.2(a) of the deed of settlement.
102: Application of other enactments to transfer of commercial redress properties
1: In exercising the powers conferred by section 100
2: Subsection (1) is subject to subsections (4) and (5).
3: Nothing in section 11 Part 10
a: the transfer to the trustees of a commercial redress property in accordance with this Act; or
b: any matter incidental to, or required for the purpose of, that transfer.
4: The transfer of a commercial redress property in accordance with this Act does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
5: The transfer of a commercial redress property in accordance with this Act is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
6: The permission of a council under section 348