Ngāi Tahu Claims Settlement Act 1998

1: Short Title and commencement
1: This Act may be cited as the Ngāi Tahu Claims Settlement Act 1998.
2: This Act comes into force on the day on which an Order in Council is made by the Governor-General for that purpose on the recommendation of the Prime Minister.
3: The Prime Minister must not recommend the making of an Order in Council to bring this Act into force unless the Prime Minister has been advised by Te Rūnanga o Ngāi Tahu in writing that this Act is acceptable to Te Rūnanga o Ngāi Tahu.
4: Once the Prime Minister receives written advice from Te Rūnanga o Ngāi Tahu that this Act is acceptable to Te Rūnanga o Ngāi Tahu, within 20 business days of receiving that advice, the Prime Minister must recommend to the Governor-General in Executive Council that an Order in Council be made to bring this Act into force, and the Order in Council must be made.
5: 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 1(2) brought into force 1 October 1998 clause 2 Ngāi Tahu Claims Settlement Act Commencement Order 1998 Section 1(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Expiry
If an Order in Council is not made under section 1(2)
3: Act to bind the Crown
This Act binds the Crown.
1: Apology by the Crown to Ngāi Tahu
4: Apology
This Part records the apology given by the Crown to Ngāi Tahu in the deed of settlement.
5: Text in Māori
The text of the apology in Māori is as follows:
1: Kei te mōhio te Karauna i te tino roa o ngā tūpuna o Ngāi Tahu e totohe ana kia utu mai rātou e te Karauna—tata atu ki 150 ngā tau i puta ai tēnei pēpeha a Ngāi Tahu arā: He mahi kai tākata, he mahi kai hoaka ‘Koia nei te whakahau a tōu aroha i whiua e koe ki runga i ēnei kāwana... tērā kia whakakotahitia te ture, kia whakakotahitia ngā whakahau, kia ōrite ngā āhuatanga mō te kiri mā kia rite ki tō te kiri waitutu, me te whakatakoto i te aroha o tōu ngākau pai ki runga i te iwi Māori kia noho ngākau pai tonu ai rātou me te mau mahara tonu ki te mana o tōu ingoa.’ Nā konei te Karauna i whakaae ai tērā, te taumaha o ngā mahi a ngā tūpuna o Ngāi Tahu, nā rēira i tū whakaiti atu ai i nāianei i mua i ā rātou mokopuna.
2: E whakaae ana te Karauna ki tōna tino hēanga, tērā i takakino tāruaruatia e ia ngā kaupapa o te Tiriti o Waitangi
3: E whakaae ana te Karauna tērā, i roto i tāna takakino i te wāhanga tuarua o te Tiriti, kāore ia i whai whakaaro ki te manaaki, ki te tiaki rānei i ngā mauanga whenua a Ngāi Tahu me ngā tino taonga i hiahia a Ngāi Tahu ki te pupuri.
4: E mōhio ana te Karauna tērā, kāore ia i whai whakaaro ki a Ngāi Tahu i runga i te ngākau pono o roto i ngā tikanga i pūtake mai i te mana o te Karauna. Nā tāua whakaaro kore a te Karauna i puaki mai ai tēnei pēpeha a Ngāi Tahu: Te Hapa o Niu Tīreni Te mate o te iwi
5: E whakaae ana te Karauna tērā, mai rāno te piri pono o Ngāi Tahu ki te Karauna me te kawe pono a te iwi i ā rātou kawenga i raro i te Tiriti o Waitangi
6: E whakapuaki atu ana te Karauna ki te iwi whānui o Ngāi Tahu i te hōhonu o te āwhitu a te Karauna mō ngā mamaetanga, mō ngā whakawhiringa i pūtake mai nō roto i ngā takakino a te Karauna i takaongetia ai a Ngāi Tahu Whānui. E whakaae ana te Karauna tērā, aua mamaetanga me ngā whakawhiringa hoki i hua mai nō roto i ngā takakino a te Karauna, arā, kāore te Karauna i whai i ngā tohutohu a ngā pukapuka ā-herenga i tōna hokonga mai i ngā whenua o Ngāi Tahu, kāore hoki te Karauna i wehe ake kia rawaka he whenua mō te iwi, hei whakahaere mā rātou i ngā āhuatanga e whai oranga ai rātou, kāore hoki te Karauna i hanga i tētahi tikanga e maru motuhake ai te mana o Ngāi Tahu ki runga i ā rātou pounamu me ērā atu tāonga i hiahia te iwi ki te pupuri. Kore rawa te Karauna i aro ake ki ngā aurere a Ngāi Tahu.
7: E whakapāha ana te Karauna ki a Ngāi Tahu mō tōna hēanga, tērā, kāore ia i whai whakaaro mō te rangatiratanga o Ngāi Tahu, ki te mana rānei o Ngāi Tahu ki runga i ōna whenua ā-rohe o Te Wai Pounamu, nā rēira, i runga i ngā whakaritenga me ngā herenga a Te Tiriti o Waitangi
8: E ai mō ngā iwi katoa o Aotearoa e hiahia ana te Karauna ki te whakamārie i ngā hara kua whākina ake nei—otirā, ērā e taea i nāianei - i te mea kua āta tau ngā kōrero tūturu ki roto i te pukapuka ā-herenga whakaritenga i hainatia i te 21 o ngā rā o Whitu hei tīmatanga whai oranga i roto i te ao hōu o te mahinga tahi a te Karauna rāua ko Ngāi Tahu.
6: Text in English
The text of the apology in English is as follows:
1: The Crown recognises the protracted labours of the Ngāi Tahu ancestors in pursuit of their claims for redress and compensation against the Crown for nearly 150 years, as alluded to in the Ngāi Tahu proverb He mahi kai tākata, he mahi kai hoaka It is work that consumes people, as greenstone consumes sandstone ‘This was the command thy love laid upon these Governors… that the law be made one, that the commandments be made one, that the nation be made one, that the white skin be made just equal with the dark skin, and to lay down the love of thy graciousness to the Māori that they dwell happily… and remember the power of thy name.’ The Crown hereby acknowledges the work of the Ngāi Tahu ancestors and makes this apology to them and to their descendants.
2: The Crown acknowledges that it acted unconscionably and in repeated breach of the principles of the Treaty of Waitangi in its dealings with Ngāi Tahu in the purchases of Ngāi Tahu land. The Crown further acknowledges that in relation to the deeds of purchase it has failed in most material respects to honour its obligations to Ngāi Tahu as its Treaty partner, while it also failed to set aside adequate lands for Ngāi Tahu's use, and to provide adequate economic and social resources for Ngāi Tahu.
3: The Crown acknowledges that, in breach of Article Two of the Treaty, it failed to preserve and protect Ngāi Tahu's use and ownership of such of their land and valued possessions as they wished to retain.
4: The Crown recognises that it has failed to act towards Ngāi Tahu reasonably and with the utmost good faith in a manner consistent with the honour of the Crown. That failure is referred to in the Ngāi Tahu saying Te Hapa o Niu Tireni! The unfulfilled promise of New Zealand Te mate o te iwi The malaise of the tribe
5: The Crown recognises that Ngāi Tahu has been consistently loyal to the Crown, and that the tribe has honoured its obligations and responsibilities under the Treaty of Waitangi and duties as citizens of the nation, especially, but not exclusively, in their active service in all of the major conflicts up to the present time to which New Zealand has sent troops. The Crown pays tribute to Ngāi Tahu's loyalty and to the contribution made by the tribe to the nation.
6: The Crown expresses its profound regret and apologises unreservedly to all members of Ngāi Tahu Whānui for the suffering and hardship caused to Ngāi Tahu, and for the harmful effects which resulted to the welfare, economy and development of Ngāi Tahu as a tribe. The Crown acknowledges that such suffering, hardship and harmful effects resulted from its failures to honour its obligations to Ngāi Tahu under the deeds of purchase whereby it acquired Ngāi Tahu lands, to set aside adequate lands for the tribe's use, to allow reasonable access to traditional sources of food, to protect Ngāi Tahu's rights to pounamu and such other valued possessions as the tribe wished to retain, or to remedy effectually Ngāi Tahu's grievances.
7: The Crown apologises to Ngāi Tahu for its past failures to acknowledge Ngāi Tahu rangatiratanga and mana over the South Island lands within its boundaries, and, in fulfilment of its Treaty obligations, the Crown recognises Ngāi Tahu as the tāngata whenua of, and as holding rangatiratanga within, the Takiwā of Ngāi Tahu Whānui.
8: Accordingly, the Crown seeks on behalf of all New Zealanders to atone for these acknowledged injustices, so far as that is now possible, and, with the historical grievances finally settled as to matters set out in the Deed of Settlement signed on 21 November 1997, to begin the process of healing and to enter a new age of co-operation with Ngāi Tahu.
2: Interpretation
7: 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.
8: Interpretation of terms
In this Act, unless the context otherwise requires,— administering body section 2 allocation plans ancillary claims section 339 ancillary claims trustees section 339 Aoraki forest section 7 Aoraki/Mount Cook section 14 aquatic life section 2 area plan section 102 attempt to dispose of relevant land section 48 authorisation sections 316 to 320 section 315 available Crown forestry assets bed of Lake Mahināpua section 191 bed of Muriwai (Coopers Lagoon) section 183 bed of Te Waihora section 167 benchmark terms section 48 beneficiary section 339 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 5 January in the following year; and
c: the days observed as the anniversaries of the provinces of Wellington and Canterbury charter section 16 chief executive claim property section 339 coastal marine area section 2 commencement date sections 334 to 337 section 333 commercial settlement property section 44 committee Part 13 section 328 concession Conservation Act 1987 National Parks Act 1980 Reserves Act 1977 Wildlife Act 1953 consent authority section 205 conservation section 2 conservation area section 2 conservation board section 2 conservation management plan section 2 conservation management strategy section 2 Crown
a: except for the purposes of Part 9
b: for the purposes of Part 9 section 2(1) Crown body , a State enterprise, or a mixed ownership model company, or a company that is wholly-owned by a Crown entity, a State enterprise, or a mixed ownership model company Part 9 section 50(j) Crown entity section 2(1) Part 9 Crown forest land Crown Forestry Rental Trust Crown Forest Assets Act 1989 Crown Tītī Islands section 333 customary fishing entitlement section 339 deed maps deed of gift section 14 deed of recognition section 205 deed of settlement Director-General section 2 disposal notice section 48 dispose of relevant land section 48 effective date
a: for the purposes of Part 10 section 102
b: for the purposes of Part 12 section 205 encumbrance Parts 11 13 14 15 17 section 469 endangered species section 287 entitlement area section 371 entitlement land
a: for the purposes of Part 12 section 255
b: for the purposes of Part 14 section 354 escrow agent section 14 exclusive economic zone section 9 Fenton entitlement section 339 Fenton reserves section 354 Fiordland National Park National Parks Act 1980 Fish and Game Council section 2 forestry asset forestry right freshwater section 2 freshwater fish section 2 gift areas section 102 gift date section 14 Heritage New Zealand Pouhere Taonga section 9 historic reserve section 18 historic resources section 2 holder
a: for the purposes of Part 12 section 255
b: for the purposes of Part 14 section 354 improvements Part 7 individual transferable quota section 297 joint management plan Part 11 section 167 Kahurangi National Park National Parks Act 1980 lake sections 206 to 222 Schedules 14 to 77 section 205 land
a: for the purposes of Part 6 section 29
b: for the purposes of Part 7 land holding agent
a: for the purposes of Part 12 section 255
b: for the purposes of sections 355 to 370 section 354
c: for the purposes of sections 372 to 386 section 371 lease Part 9 section 48 leaseback conservation areas section 102 licensed land mahinga kai sections 177 to 182 section 167 maimai section 119 Māori freehold land section 4 Māori land section 2 Mararoa Valley area section 102 marginal strip section 2 Māwhera Incorporation clause 3(1) section 357 memorials State-Owned Enterprises Act 1986 Education and Training Act 2020 New Zealand Railways Corporation Restructuring Act 1990 Minister
a: for the purposes of Part 13
b: for the purposes of Part 15 mixed ownership model company section 45P Mount Cook National Park National Parks Act 1980 national park section 2 national park management plan section 2 native game birds sections 278 to 280 section 277 natural resources section 2 nature reserve section 20 New Zealand Conservation Authority section 2 New Zealand Fish and Game Council section 2 New Zealand fisheries waters section 2 Ngā Whenua Rāhui kawenata section 2 Ngāi Tahu ancillary claims trust section 339 Ngāi Tahu claim area
a: the takiwā of Ngāi Tahu Whānui; and
b: the coastal marine area adjacent to the coastal boundary of the takiwā of Ngāi Tahu Whānui; and
c: the New Zealand fisheries waters within the coastal marine area and exclusive economic zone adjacent to the seaward boundary of that coastal marine area;— and, for the purposes of this definition, the northern sea boundaries of the coastal marine area have been determined using the equidistance principle, and the northern sea boundaries of the exclusive economic zone have been determined using the perpendicular to the meridian principle from the seaward boundary of the coastal marine area (with provision to exclude part of the New Zealand fisheries waters around the Chatham Islands) Ngāi Tahu claimant
a: Te Rūnanga o Ngāi Tahu:
b: any claimant in respect of any ancillary claims:
c: Ngāi Tahu:
d: 1 or more individuals, whānau, marae, hapū, or Papatipu Rūnanga of Ngāi Tahu:
e: any person acting on behalf of any of the above Ngāi Tahu claims section 10 Ngāi Tahu Crown forestry licence Ngāi Tahu historical claims section 10(1)﻿(b) and (c) Ngāi Tahu recipient
a: any member of Ngāi Tahu Whānui (or any entity representing any such member); or
b: the ancillary claims trustees; or
c: any person nominated by Te Rūnanga o Ngāi Tahu under clause 20.9 of the deed of settlement— to which any redress is provided, or any property is transferred, pursuant to the deed of settlement or in which any property is vested pursuant to this Act Ngāi Tahu values section 237 nohoanga entitlements section 255 non-commercially harvested species section 297 original beneficiaries section 446 Papatipu Rūnanga section 9 protection section 2 protocol section 281 public valuer section 2 QMA section 297 QMS section 297 quota Part 12 section 297 Rakiura Māori section 333 Rakiura Tītī Committee section 333 recording officer regulation 2 recovery plan section 287 recreation reserve section 17 Registrar section 4 relevant land Part 9 section 48 representative body Part 14 section 354 reserve section 2 resource consent section 205 river sections 206 to 222 Schedules 14 to 77 section 205 scenic reserve section 19 scientific reserve section 21 settlement settlement date section 1(2) settlement property
a: is to be transferred to, or vested in, a Ngāi Tahu recipient; or
b: Te Rūnanga o Ngāi Tahu may select to have transferred to, or vested in, a Ngāi Tahu recipient Shellfish Species section 297 Shellfish Species TACC section 297 SILNA lands section 446 sites sections 231 to 236 section 230 South Island fisheries waters section 297 special land section 48 special land notice section 48 species recovery group section 287 specified settlement property section 469 State enterprise section 2 station areas section 102 statutory acknowledgement section 205 statutory adviser sections 231 to 236 section 230 statutory areas section 205 subject areas section 312 successor Part 15 section 446 successors Part 14 section 339 takiwā of Ngāi Tahu Whānui section 5 taonga fish species section 297 taonga species section 287 Te Rūnanga o Ngāi Tahu section 6 threatened species section 287 Tōpuni section 237 total allowable commercial catch section 297 transfer value Part 11 section 138 trees Part 7 tribal properties Part 11 section 138 trust deed section 339 vesting date section 14 waterway Parts 12 14
a: a lake, being a body of fresh water which is entirely or nearly surrounded by land; or
b: a river, being a continually or intermittently flowing body of fresh water, and includes a stream and modified water course, but does not include any artificial water course (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal) wetland sections 206 to 222 Schedules 14 to 77 section 205 wildlife section 2 working day section 48 Section 8 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 8 Crown body amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 8 District Land Registrar repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 8 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 8 memorials amended 1 August 2020 section 668 Education and Training Act 2020 Section 8 mixed ownership model company inserted 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 8 Registrar inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998
9: Meaning of Ngāi Tahu and Ngāi Tahu Whānui
1: For the purposes of this Act and any other enactment, unless the context otherwise requires, Ngāi Tahu Ngāi Tahu Whānui
2: Amendment(s) incorporated in the Act(s)
10: Meaning of Ngāi Tahu claims
1: In this Act, Ngāi Tahu claims
a: means all claims made at any time by any Ngāi Tahu claimant and—
i: founded on rights arising in or by the Treaty of Waitangi
ii: arising out of or relating to any loss of interests in land, water, rivers, harbours, coastal marine areas, minerals, forests, or any natural and physical resources in the Ngāi Tahu claim area, caused by acts or omissions by or on behalf of the Crown or by or under legislation, being a loss that occurred before 21 September 1992— whether or not the claims have been researched, registered, or notified; and
b: includes all of the claims made by Ngāi Tahu against the Crown arising from those historical grievances of Ngāi Tahu which are referred to in the following Ngāi Tahu Wai 27 claims to the Waitangi Tribunal:
i: general claim of 26 August 1986:
ii: amended claim of 24 November 1986:
iii: amended claim of 16 December 1986:
iv: amended claim of 2 June 1987:
v: amended claim of 5 September 1987:
vi: amended claim of 13 April 1988:
vii: amended claim of 20 December 1994:
viii: amended claim of 12 June 1995:
ix: amended claim of 6 July 1995:
x: amended statement of claim of 7 May 1996; and
c: includes all Wai 27 ancillary claims made to the Waitangi Tribunal; and
d: includes the claims to the Waitangi Tribunal designated Wai 189, Wai 322, Wai 324, Wai 348, Wai 380, Wai 482, Wai 498, Wai 597, Wai 618, and Wai 622; but
e: excludes the claim to the Waitangi Tribunal designated Wai 158, but such exclusion does not apply to any part of Wai 158 that might relate to the original allocation of land under the South Island Landless Natives Act 1906, being a matter dealt with in the Wai 27 claims referred to in paragraph (b); and
f: excludes claims, insofar as they relate to language and culture, which are not claims which come within paragraphs (a) to (d).
2: In subsection (1),— interest loss natural and physical resources section 2
11: Maori Reserved Land Act 1955
Nothing in this Act or in the deed of settlement prevents any Ngāi Tahu claimant from receiving redress under the Maori Reserved Land Act 1955
12: Parts of speech and grammatical forms
Parts of speech and grammatical forms of a word that is defined in this Act have corresponding meanings in this Act.
3: Aoraki/Mount Cook
13: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 3 (Aoraki/Mount Cook) of the deed of settlement.
14: Interpretation
In this Part,— Aoraki/Mount Cook deed of gift escrow agent gift date Mount Cook National Park National Parks Act 1980 vesting date
15: Vesting of Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu
1: The Prime Minister must recommend to the Governor-General before the vesting date that an Order in Council be made pursuant to subsection (2).
2: The Governor-General, by Order in Council made on the recommendation of the Prime Minister, must vest the fee simple estate in Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu on the vesting date.
3: An Order in Council made pursuant to subsection (2) takes effect notwithstanding anything in the National Parks Act 1980 section 11 Part 10
4: The Prime Minister must ensure that an order under this section is published in the Gazette Section 15(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Gift of Aoraki/Mount Cook by Te Rūnanga o Ngāi Tahu
1: Te Rūnanga o Ngāi Tahu must deliver to the Prime Minister or the Prime Minister's nominee on the gift date the deed of gift, duly executed by Te Rūnanga o Ngāi Tahu.
2: Upon delivery to the Prime Minister or the Prime Minister's nominee of the deed of gift referred to in subsection (1) on the gift date, the fee simple estate in Aoraki/Mount Cook vested in Te Rūnanga o Ngāi Tahu by the Order in Council referred to in section 15
3: If, for any reason, the deed of gift referred to in subsection (1) is not delivered to the Prime Minister by 3 pm on the gift date, the escrow agent must deliver to the Prime Minister or the Prime Minister's nominee the executed counterpart of that deed of gift, upon receipt by the escrow agent of a notice to that effect from the Prime Minister or the Prime Minister's nominee.
4: In the event that the escrow agent delivers the executed counterpart of the deed of gift to the Prime Minister or the Prime Minister's nominee pursuant to subsection (3), subsection (2) applies as if the deed of gift referred to in subsection (1) had been delivered to the Prime Minister or the Prime Minister's nominee pursuant to that subsection.
17: Certain laws not affected
Aoraki/Mount Cook is and remains part of the Mount Cook National Park, and every regulation, lease, licence, and other instrument in effect immediately before the vesting date in respect of the Mount Cook National Park under the National Parks Act 1980
a: section 7(1)﻿(a)
b: the vesting referred to in section 15
c: the gift back referred to in section 16
d: the fact that Aoraki/Mount Cook is vested in Te Rūnanga o Ngāi Tahu during the period on and from the vesting date to the gift date.
18: No gift duty
No gift duty is payable in respect of the gifting of Aoraki/Mount Cook pursuant to section 16
4: Transfer and vesting of settlement properties
19: Purpose of this Part
The purpose of this Part is to provide for certain legislative matters required to facilitate the transfer or vesting of settlement properties by the Crown pursuant to the deed of settlement.
20: Transfer and vesting of settlement properties
1: Notwithstanding any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do any 1 or more of the following:
a: purchase or otherwise acquire any settlement property from a Crown body:
b: grant or take a lease of any settlement property to or from any Crown body:
c: transfer any settlement property to any Ngāi Tahu recipient:
d: sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer.
2: Except as expressly provided otherwise in, or by operation of, this Act, section 40 sections 41 42
3: Except as expressly provided otherwise in, or by operation of, this Act, nothing in subsection (1) limits—
a: subsections (4) and (5); or
b: sections 10 11
c: any other reservation made by any enactment or statutory instrument; or
d: any other enactment which must be complied with before any disposal.
4: Notwithstanding section 40 section 21
5: Nothing in the Land Act 1948
6: Nothing in the Land Act 1948
7: The permission of a council (within the meaning of Part 21
8: Sections 24 25
9: Except as expressly provided in this Act, where the reservation of land as a reserve is revoked by this Act, the land vests in the Crown.
10: Where—
a: a settlement property is transferred to a Ngāi Tahu recipient pursuant to the deed of settlement; and
b: the settlement property is transferred subject to any lease between the Crown or any Minister of the Crown, as lessor, and another person, as lessee,— then any reference to the Crown or a Minister of the Crown in that lease is deemed to be a reference to the owner for the time being of the lessor's interest.
11: In this section and in section 21 Crown body
21: Power of the Crown to acquire property compulsorily for purpose of settlement
1: Where the Crown is obliged by the deed of settlement to transfer to a Ngāi Tahu recipient, or where this Act provides for the vesting in a Ngāi Tahu recipient of, a settlement property to which this section applies, the Minister of the Crown for the time being responsible for the administration of the Land Act 1948
a: any Minister of the Crown for the time being responsible for a Crown body which is the owner of the settlement property; and
b: any Minister of the Crown who is a shareholder of such a body,— acquire the property pursuant to Part 2 Parts 2, 4 5 6 7 Schedules 1 3 4 5 Schedule 3
2: The settlement properties to which subsection (1) applies are the properties of a Crown body.
3: The existence on the certificate of title to any settlement property acquired pursuant to subsection (1) of a memorial pursuant to any of the enactments referred to in section 463 Public Works Act 1981
4: Where a lease of a settlement property acquired pursuant to subsection (1) has been, or is to be, granted to the body from whom the property is acquired, that lease must be taken into account in any assessment of compensation made pursuant to the Public Works Act 1981
5: In this section, Crown body section 20(11)
5: Transfer of commercial properties—Subject to deferred selection
22: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 5
23: Hagley Nurses Home
1: In this section, Hagley Nurses Home Schedule 4
2: Notwithstanding section 3
a: that section of that Act is repealed; and
b: the trust created by that section is cancelled; and
c: the fee simple estate in the Hagley Nurses Home is free of that trust and any other limitation imposed by that Act or the Christchurch Hospital Act 1887
3: On transfer of the Hagley Nurses Home to a Ngāi Tahu recipient pursuant to the deed of settlement and on receipt by the Registrar Registrar No longer held in trust for a nurses' home and recreation ground subject to the provisions of section 3(2) Section 23(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
24: Christchurch Court
1: In this section, Christchurch Court Schedule 4
2: If the Christchurch Court is transferred pursuant to the deed of settlement,—
a: Part 4A
b: the Ngāi Tahu recipient must grant and do all other things necessary to create, in accordance with section 237B Proposed ROW on Foot in Gross in favour of CCC
25: Isle Street property
1: In this section and section 27 Isle Street property Schedule 4
2: If Te Rūnanga o Ngāi Tahu selects the Isle Street property and complies with its settlement obligations in respect of the Isle Street property,—
a: the appointment of the Queenstown Lakes District Council to control and manage the Isle Street property as a reserve is revoked; and
b: the reservation of the Isle Street property as a reserve is revoked.
3: As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette
26: Wanaka plantation
1: In this section and section 27 Wanaka plantation Schedule 4
2: If Te Rūnanga o Ngāi Tahu selects the Wanaka plantation and complies with its settlement obligations in respect of the Wanaka plantation, then the reservation of the Wanaka plantation as a reserve is revoked.
3: As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette
27: Notice to Queenstown Lakes District Council
1: The Minister of Conservation may, from time to time by written notice to the Queenstown Lakes District Council, direct the Council to do anything that is necessary to enable the Crown to comply with its obligations to Te Rūnanga o Ngāi Tahu under the deed of settlement in respect of the Isle Street property and the Wanaka plantation.
2: The Queenstown Lakes District Council must comply with a notice given under subsection (1).
6: Transfer of farm assets
28: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 6 (transfer of farm assets) of the deed of settlement.
29: Interpretation
In this Part,— Fiordland National Park National Parks Act 1980 Site A Fiordland National Park Order 1978 A Site B Fiordland National Park Order 1978 A
30: Land excluded from Fiordland National Park
1: Site A and Site B are excluded from the Fiordland National Park.
2: The fee simple estate in Site A and in Site B is vested in Landcorp Farming Limited.
3: Site A is included with the land comprised and described in certificate of title 10A/456 (Southland Land Registry).
4: Site B is included with the land comprised and described in certificate of title 10A/448 (Southland Land Registry).
5: The Registrar Section 30(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
7: Transfer of forestry assets
31: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 7 (transfer of forestry assets) of the deed of settlement.
32: Interpretation
In this Part, the following terms have the meaning given to them in section 7 of the deed of settlement:
a: Aoraki forest
b: available Crown forestry assets
c: Crown forest land
d: forestry asset
e: forestry right
f: improvements
g: land
h: licensed land
i: Ngāi Tahu Crown forestry licence
j: trees
33: Certain transfers and grants not subdivisions
Nothing in section 11 Part 10
a: a transfer of forestry assets pursuant to section 7 of the deed of settlement; or
b: a grant of forestry rights over trees in the Aoraki forests pursuant to section 7 of the deed of settlement.
34: Transfer of Crown forest land to Ngāi Tahu recipient
1: In this section, Crown Forestry Rental Trust Deed section 34
2: Crown forest land that is not licensed land and that is to be transferred to a Ngāi Tahu recipient pursuant to clause 7.3.13 of the deed of settlement is deemed to be licensed land for the purposes of section 8HB
3: The transfer of Crown forest land pursuant to clause 7.3.13 of the deed of settlement is deemed to have been made pursuant to a final recommendation of the Waitangi Tribunal under section 8HB(1)﻿(a)
4: Section 36(1)﻿(b)
5: Section 11(2)
35: Crown forest land not transferred to Te Rūnanga o Ngāi Tahu
Licensed land that is an available Crown forestry asset and that is not transferred pursuant to clause 7.3.13 of the deed of settlement is deemed to have been the subject of a final recommendation by the Waitangi Tribunal pursuant to section 8HB(1)﻿(b)
36: Transfer of Aoraki forest land
1: This section applies if land relating to Aoraki forests is transferred pursuant to clause 7.3.13 of the deed of settlement, but trees and improvements on the land are retained by the Crown.
2: At the time of a transfer pursuant to subsection (1), the Crown may reserve, or if not so reserved, the Ngāi Tahu recipient to whom the land is transferred must grant to the Crown, a Ngāi Tahu Crown forestry licence.
3: The terms and conditions of a Ngāi Tahu Crown forestry licence reserved or granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement.
4: If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989
5: The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership.
37: Transfer of Aoraki forest trees and improvements
1: This section applies if trees and improvements on land relating to Aoraki forests are transferred pursuant to clause 7.3.13 of the deed of settlement, but the land on which those trees and improvements are situated is not so transferred.
2: The Crown must grant a Ngāi Tahu Crown forestry licence to a Ngāi Tahu recipient in respect of the land referred to in subsection (1).
3: The terms and conditions of a Ngāi Tahu Crown forestry licence granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement.
4: If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989
5: Sections 18 to 28 section 34
6: The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership.
38: Disposition of Crown forest land
1: The Crown may sell or dispose of Crown forest land (whether licensed land or not) that is an available Crown forestry asset and that does not become a forestry asset pursuant to clause 7.3.11 of the deed of settlement.
2: Subsection (1) applies notwithstanding sections 35 37 Part 9
39: Covenants to complete survey work
1: The Crown may grant covenants, such as those contained in clause 4.3 of Part II of attachment 7.6 of the deed of settlement, for the purpose of facilitating the completion of a survey, deposit of any survey plan, or the adducing of clear title, in relation to a forestry asset that is to be transferred pursuant to the deed of settlement.
2: Notwithstanding any enactment or rule of law, a covenant granted pursuant to subsection (1) may be registered with the Registrar section 129A Section 39(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
40: Section 24H(6) of Conservation Act 1987 to apply
Section 24H(6)
a: a Ngāi Tahu recipient in relation to any land and trees acquired from the Crown by that Ngāi Tahu recipient pursuant to the deed of settlement; and
b: the holder of a Ngāi Tahu Crown forestry licence granted pursuant to sections 36 37
41: Easements
1: The Minister of Conservation may grant any easements which the Minister is required to grant to enable the Crown to comply with clause 4.7 of attachment 7.6 of the deed of settlement.
2: An easement granted pursuant to subsection (1) is enforceable in accordance with its terms, notwithstanding Part 3B
42: Delegation
Amendment(s) incorporated in the Act(s)
8: Transfer of assets—General
43: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 8 (transfer of assets—general) of the deed of settlement.
44: Interpretation
In this Part, commercial settlement property
45: Certain dispositions not subdivisions
Nothing in section 11 Part 10
a: the transfer of a commercial settlement property for the purpose of giving effect to the deed of settlement; or
b: the lease of a commercial settlement property; or
c: any matter incidental to, or required for the purpose of, a transfer or lease of a commercial settlement property for the purpose of giving effect to the deed of settlement.
46: Issue of certificates of title
Where the fee simple estate in any commercial settlement property for which no certificate of title has been issued under the Land Transfer Act 1952
a: is vested in, or held by, the Crown; but
b: is to be acquired by, or transferred to, a Ngāi Tahu recipient pursuant to the deed of settlement,— then, notwithstanding any other enactment or rule of law, the Registrar Land Transfer Act 1952 Section 46 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
9: Right of first refusal
47: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 9 (rights of first refusal) of the deed of settlement.
48: Interpretation
1: In this Part, unless the context otherwise requires,— attempt to dispose of relevant land
a: to make an offer to dispose of relevant land to another person; or
b: to encourage or invite another person to make an offer to take a disposal of relevant land; or
c: to encourage or invite another person to express an interest in taking a disposal of relevant land; or
d: to make a counter offer to, or negotiate with, another person about any offer to take a disposal of relevant land benchmark terms
a: the terms set out in a disposal notice or a notice given pursuant to section 65
b: the terms of the last of any written offers subsequently made by Te Rūnanga o Ngāi Tahu during the 1-month period specified in section 66 Crown section 2(1) Crown body
a: means the Crown (whether acting through a Minister of the Crown or otherwise), a Crown entity, a State enterprise, a mixed ownership model company, or a company that is wholly-owned by a Crown entity, a State enterprise, or a mixed ownership model company
b: includes—
i: trustees to which section 50(j)
ii: any person to whom section 50(m) Crown entity section 2(1) disposal notice section 56(1)﻿(b)﻿(iii) dispose of relevant land
a: means—
i: to transfer the estate in fee simple of relevant land; or
ii: to assign, transfer, or surrender a lease of relevant land if the unexpired term of the lease (including rights of renewal or extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer; or
iii: to grant a lease of relevant land if the term of the lease (including rights of renewal or extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer; or
iv: in the case of Landcorp Farming Limited Landcorp Farming Limited section 65
b: does not include the vesting of a reserve—
i: under section 26 section 26A
ii: under another Act, if—
A: the reserve is vested in another person to hold and administer as a reserve under the Reserves Act 1977
B: the reserve would revest in the Crown if its status as a reserve were subsequently revoked lease mixed ownership model company section 45P public valuer section 2 relevant land
a: that land of The Power Company Limited described in Schedule 5
b: the land in the Ngāi Tahu claim area that on 21 November 1997 was, and on the commencement of this Act, still is,—
i: vested in the Crown or held by the Crown under any Act; or
ii: vested in another person under section 26 section 26A
iii: vested in another person under another Act, if—
A: the land is vested in another person to hold and administer as a reserve under the Reserves Act 1977
B: the land would revest in the Crown if its status as a reserve were subsequently revoked:
c: the land in the Ngāi Tahu claim area in respect of which the registered proprietor, or the person entitled to be the registered proprietor, of an estate in fee simple or of a leasehold estate in respect of a lease the unexpired term of which (including rights of renewal or of extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer, was on 21 November 1997 and, on the commencement of this Act, still is—
i: a Crown health enterprise; or
ii: a Crown research institute; or
iii: an institution established under subpart 3
iv: Landcorp Farming Limited Landcorp Farming Limited
v: the New Zealand Fire Service Commission; or
vi: New Zealand Transport Agency
d: land forming the consideration or part consideration for a disposal referred to in section 50(g) or (k)
e: land included in the processes set out in sections 5 to 7 of the deed of settlement other than—
i: land that Te Rūnanga o Ngāi Tahu acquires pursuant to those processes; and
ii: land in respect of which the Office of Treaty Settlements is the Vendor Agency specified in the last column of attachment 5.1 of the deed of settlement special land section 58(1) section 63(1) special land notice section 56(1)﻿(b) working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; 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.
2: For the purposes of this Part, terms of disposal or of a contract or offer to dispose of relevant land are more favourable compared to other terms of disposal or of a contract or offer to dispose of relevant land if, from a purchaser's point of view, the first-mentioned terms of disposal or of the contract or offer to dispose of the relevant land (taken as a whole and including price) are more favourable compared to the second-mentioned terms of disposal or the contract or offer to dispose of the relevant land (taken as a whole and including price). Section 48(1) dispose of relevant land amended 12 April 2001 clause 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 Section 48(1) Crown body amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 48(1) mixed ownership model company inserted 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 48(1) relevant land amended 1 August 2020 section 668 Education and Training Act 2020 Section 48(1) relevant land amended 12 April 2001 clause 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 Section 48(1) relevant land amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 48(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 48(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
49: Relevant land not to be disposed of except in accordance with this Part
A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date which the body first acquired the relevant land concerned) must not dispose of or attempt to dispose of any relevant land except in accordance with this Part.
50: Exceptions
Section 49
a: another Crown body; or
b: Te Rūnanga o Ngāi Tahu or another person to give effect to the deed of settlement; or
c: a person who is entitled to receive an offer made pursuant to:
i: section 564(3)
ii: section 23(1) section 24(4)
iii: section 40
d: the existing tenant of a house on relevant land that is—
i: land held on 21 November 1997 for education purposes by the Crown; or
ii: land held by a Crown body which, on 21 November 1997, had a policy under which houses that are to be sold are first offered for purchase by the existing tenants; or
e: a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land or to be granted a lease of the land or be offered the opportunity to purchase or lease the land; or
f: a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land under the terms of any gift, endowment, or trust relating to the land, or pursuant to any Act or rule of law; or
g: a person to whom the land is being disposed of pursuant to—
i: section 16A
ii: section 24E
iii: section 15
iv: an Act of Parliament that—
A: excludes the land from a national park within the meaning of the National Parks Act 1980
B: authorises the land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 Reserves Act 1977
h: a person to whom the relevant land is being disposed of pursuant to section 93(4)
i: a person who was, prior to the date of disposal, the lessee of the relevant land under a lease granted pursuant to—
i: section 66
ii: section 67 Schedule 6
iii: section 93(4)
j: a trustee of a community trust the object or principal object of which is to provide, or arrange for the provision of, services within the meaning of the Pae Ora (Healthy Futures) Act 2022
k: a person to whom the land is being disposed of under—
i: section 117(3) may be dealt with as Crown land under the Land Act 1948
ii: section 119(2)﻿(a)
l: a person to whom the land is being disposed of by way of gift for charitable purposes; or
m: a person that is a port company (as defined in the Port Companies Act 1988 section 355(3) Section 50(c)﻿(i) amended 1 August 2020 section 668 Education and Training Act 2020 Section 50(j) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
51: Notice of excepted transactions
1: The Crown body or other body concerned must give written notice to Te Rūnanga o Ngāi Tahu of a disposal of relevant land that section 50
a: providing, in relation to the relevant land concerned, the information specified in section 53(a)
b: identifying the person to whom the land is being disposed of; and
c: specifying the reasons why section 50
2: A notice pursuant to subsection (1) must be given,—
a: in the case of a disposal effected by a licensee paying off the whole of the purchase money under section 65(7)
b: in all other cases, not later than 10 working days before the disposal.
52: Preliminary notice
A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date on which the body first acquired the relevant land concerned) must give written notice to Te Rūnanga o Ngāi Tahu that it is considering the disposal of relevant land if—
a: the body has commenced the process of identifying whether or not it has obligations to any person as specified in section 50(c) to (f)
b: has, by its action, demonstrated that it is considering whether to dispose of the relevant land.
53: Contents of preliminary notice
A notice given pursuant to section 52
a: provide—
i: a legal description of the land, including its certificate of title (if it has one); and
ii: the postal address of the land; or
iii: if the land does not have a postal address, a narrative or diagrammatic description of the land containing sufficient information for a person who was not previously familiar with the land to locate and inspect the land; and
b: specify an address and fax number (if applicable) to either of which notices and communications can be sent for the purposes of this Part.
54: Preliminary notice not to imply obligation pursuant to other Acts
The giving of a notice pursuant to section 52
a: section 564(3)
b: section 23(1) section 24(4)
c: section 40 Section 54(a) amended 1 August 2020 section 668 Education and Training Act 2020
55: Te Rūnanga o Ngāi Tahu may waive its rights pursuant to this Part
1: Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights to acquire, in accordance with this Part, the relevant land specified in the notice.
2: A notice given pursuant to subsection (1) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 52
3: On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1), this Part ceases to apply to the relevant land specified in the notice.
4: Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights in respect of any disposal or attempted disposal.
5: A notice given pursuant to subsection (4) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 56(1)﻿(b)
6: On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (4), this Part ceases to apply to the disposal or attempted disposal referred to in that notice.
56: Notice to be given before attempted disposal of relevant land
1: A Crown body or other body concerned must, before attempting to dispose of relevant land,—
a: if it has not given a notice pursuant to section 52 section 53
b: unless—
i: it receives a notice pursuant to section 55(1) section 52
ii: it has received a written notice from Te Rūnanga o Ngāi Tahu that Te Rūnanga o Ngāi Tahu agrees that the relevant land is special land,— give written notice to Te Rūnanga o Ngāi Tahu which provides, in relation to the relevant land concerned, the information specified in section 53(a)
iii: offers to dispose of the relevant land to Te Rūnanga o Ngāi Tahu at the price and on the terms and conditions set out in the notice; or
iv: includes a certificate complying with subsection (2).
2: A certificate given pursuant to subsection (1)﻿(b)﻿(iv) must be given by a public valuer and state that, in the opinion of the public valuer, the relevant land is a property in respect of which a prudent vendor (intending to obtain the market price, terms and conditions for the property) would not make an offer to sell the property to another person based only on the public valuer's assessment of that price because—
a: there is insufficient comparable sales evidence; or
b: the public valuer cannot, without a reasonable doubt, determine—
i: the highest and best use of the property; or
ii: the class of potential purchasers,— and that the property should therefore be treated as special land for the purposes of this Part.
3: In relation to a proposed assignment of the right to receive any instalments payable pursuant to section 65
57: Procedure for determination of special land
Sections 58 to 63
58: Relevant land becomes special land by agreement
1: If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a special land notice, the Crown body or other body concerned does not receive written notice from Te Rūnanga o Ngāi Tahu disputing the special land notice or if Te Rūnanga o Ngāi Tahu has given the Crown body or other body concerned written notice agreeing that the relevant land is special land, the relevant land is special land for the shorter of the periods specified in subsection (2) and sections 64 65
2: The periods are—
a: the period of 2 years commencing on and from the date which is the sooner of—
i: 3 working days after receipt by Te Rūnanga o Ngāi Tahu of the special land notice; or
ii: the date on which Te Rūnanga o Ngāi Tahu otherwise gives written notice that it agrees that the relevant land is special land; and
b: the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65
59: Appointment of public valuer
If the Crown body or other body concerned receives a notice disputing a special land notice, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a public valuer to determine whether or not the relevant land concerned is special land.
60: Request to President of New Zealand Institute of Valuers to appoint public valuer
If, within 3 working days after receipt by the Crown body or other body concerned of the notice specified in section 59
61: Appointment of public valuer by President of New Zealand Institute of Valuers
As soon as practicable after receiving the request, the President of the New Zealand Institute of Valuers (or the President's nominee) must appoint a public valuer who is suitably experienced and independent, and immediately notify the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that appointment.
62: Determination by public valuer
1: A public valuer is properly appointed pursuant to section 59 section 61
2: A public valuer appointed pursuant to section 59 section 61
3: The public valuer must, before making his or her determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have, in the public valuer's opinion, the effect of extending the 5-working day period referred to in subsection (2).
4: On making a determination, the public valuer must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination.
5: If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the public valuer must give written reasons for the determination and the party making the request must pay the public valuer's reasonable fees and costs for giving such reasons.
63: Relevant land becomes special land by determination of public valuer
1: If the public valuer determines that the relevant land is special land, the land is special land for the shorter of the following periods:
a: the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination:
b: the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65 and sections 64 65
2: If the public valuer determines that the relevant land is not special land, the Crown body or other body concerned must not give a special land notice during the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination.
64: Attempted disposal of special land permitted
A Crown body or other body concerned may attempt to dispose of special land, but must not—
a: dispose of the special land except in accordance with any of sections 72 73 80 83
b: enter into an agreement or dispose of the special land, unless the agreement is expressed to be conditional on—
i: the Crown body or other body concerned first complying with sections 65 67
ii: section 72 section 80
65: Notice to Te Rūnanga o Ngāi Tahu before disposal
1: A Crown body or other body concerned must, before disposing of any special land, give written notice to Te Rūnanga o Ngāi Tahu.
2: The notice must—
a: provide, in relation to the special land concerned, the information specified in section 53(a)
b: state the price and other proposed terms and conditions of disposal; and
c: offer to dispose of the special land to Te Rūnanga o Ngāi Tahu at that price and on those terms and conditions.
66: Acceptance by Te Rūnanga o Ngāi Tahu
Where, within 1 month after the date on which Te Rūnanga o Ngāi Tahu receives a disposal notice or a notice pursuant to section 65
a: accepts the offer set out in the notice by giving written notice of acceptance to the Crown body or other body concerned; or
b: otherwise agrees with the Crown body or other body concerned in writing to purchase the land concerned,— a contract for the sale and purchase of that land is thereby constituted between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and that contract may be enforced accordingly.
67: Negotiation in good faith
During the 1-month period specified in section 66
68: Certain obligations not implied
Section 67
a: Te Rūnanga o Ngāi Tahu to make an offer or accept an offer made to it in a disposal notice or pursuant to section 65 section 67
b: the Crown body or other body concerned—
i: to make any other offer; or
ii: to accept any offer made to it during the negotiations referred to in section 67
iii: to alter its judgment that any existing agreement entered into pursuant to section 64(b)
c: the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu to act in a manner that is inconsistent with their respective commercial interests.
69: Non-acceptance by Te Rūnanga o Ngāi Tahu
If a contract for the sale and purchase of the relevant land concerned has not been constituted pursuant to section 66 section 67
a: may, at any time during the period of 9 months after the expiry of 1 month after the date of receipt by Te Rūnanga o Ngāi Tahu of the disposal notice or a notice pursuant to section 65
i: effect a disposal of the land except in accordance with any of sections 72 73 80 83
ii: enter into an agreement to dispose of the land unless that agreement is expressed to be conditional on section 73 section 80
b: must not dispose of, or attempt to dispose of, the land (whether or not it is special land), after the expiry of that 9-month period without first complying in full with the requirements of this Part.
70: Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 64(b)
If a Crown body or other body concerned enters into an agreement subject to section 64(b) section 72
71: Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 69(a)﻿(ii)
Immediately after entering into an agreement that is subject to section 69(a)﻿(ii)
72: Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 70
1: If the Crown body or other body concerned does not receive, in accordance with subsection (2), written notice from Te Rūnanga o Ngāi Tahu stating that, in Te Rūnanga o Ngāi Tahu's opinion, the terms of the agreement that is subject to section 64(b)
2: For the purposes of subsection (1), the notice must be received within the later of—
a: 3 working days after receipt by Te Rūnanga o Ngāi Tahu of the notice referred to in section 70
b: 3 working days after the expiry of the 1 month specified in section 66
73: Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 71
If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a notice pursuant to section 71
74: Application of sections 75 to 83
If the Crown body or other body concerned receives a notice pursuant to section 72 section 73 sections 75 to 83
75: Appointment of independent person
The Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a suitably qualified and experienced independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms.
76: Failure to agree on appointment
1: If, within 2 working days after receipt by the Crown body or other body concerned of the notice referred to in section 72 section 73 section 75
a: if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu can agree on another person to make the appointment, the Crown body or other body concerned must request that person to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms; or
b: if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu cannot agree on another person to make the appointment or that person has not accepted appointment, the Crown body or other body concerned must request the President of the New Zealand Law Society to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms.
2: A person is properly appointed pursuant to subsection (1) only if the person has accepted that the appointment requires the person to comply with section 77
77: Appointment of independent person by another person or President of New Zealand Law Society
After receipt of the request, the person agreed pursuant to section 76(1)﻿(a)
78: Determination by independent person
1: An independent person is properly appointed pursuant to section 75 section 77
2: The independent person appointed pursuant to section 75 section 77
3: The independent person must, before making a determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have the effect, in the independent person's opinion, of extending the 5-working day period referred to in subsection (2).
4: On making a determination, the independent person must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination.
5: If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the independent person must give written reasons for the determination and the party making the request must pay the independent person's reasonable fees and costs for giving such reasons.
79: Early appointment of independent person
1: The Crown body or other body concerned or Te Rūnanga o Ngāi Tahu may, at any time after the date of a notice given pursuant to section 56 sections 75 to 77
2: If a notice is given pursuant to subsection (1), sections 75 to 77
3: For the purposes of section 78
80: Disposal permitted if terms not more favourable
If the independent person appointed pursuant to section 75 section 77
81: Application of sections 82 and 83 if terms more favourable
If the independent person's determination is that the terms of the agreement are more favourable than the benchmark terms, sections 82 83
82: Te Rūnanga o Ngāi Tahu may give notice to purchase
1: If, within 5 working days after receipt by Te Rūnanga o Ngāi Tahu of the independent person's determination, the Crown body or other body concerned receives a notice from Te Rūnanga o Ngāi Tahu stating that it wishes to purchase the relevant land concerned on the terms of the agreement, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase of the land, and the agreement is enforceable as a contract.
2: The date on which the parties must settle under the contract is 10 working days after the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1) or such later date as may have been specified in the agreement which was determined to have been on more favourable terms.
83: Disposal permitted if no notice received
If the Crown body or other body concerned does not receive a notice in accordance with section 82
84: Re-offer required
Where a Crown body or other body concerned—
a: has offered to sell any relevant land to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65
b: proposes to offer that land for sale again, but on terms more favourable to the purchaser than the terms of the first offer,— the Crown body or other body concerned may do so only if it first offers the land for sale on the more favourable terms to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65 sections 66 to 83
85: This Part not to affect or derogate from certain rights and restrictions
Nothing in this Part affects or derogates from, and the rights and obligations created by this Part are subject to,—
a: the terms of any gift, endowment, or trust existing on 21 November 1997 and relating to relevant land or any improvements on that land; and
b: the rights of any holders of mortgages over, or of security interests in, relevant land or any improvements on that land; and
c: any other enactment or rule of law that must be complied with before relevant land is disposed of; and
d: any feature of the title to any relevant land that prevents or limits a Crown body's or other body's right to transfer the land or any improvements on the land; and
e: any legal requirement that limits a Crown body's or other body's ability to sell or otherwise dispose of any relevant land or any improvements on that land and which the Crown body or other body cannot satisfy after taking reasonable steps to do so (and, for the avoidance of doubt, taking reasonable steps does not include initiating a change in the law).
86: This Part not to affect or derogate from certain disposal rights
Subject to sections 87 88
87: Interpretation
In section 88 acquired land section 88(1) change of control
a: any such act, omission, or arrangement that Te Rūnanga o Ngāi Tahu has given its prior written approval to; or
b: for the avoidance of doubt, any change in the political party or parties constituting the New Zealand Government effective control
a: the legal and beneficial, or beneficial, ownership or direct or indirect control by any person of any of the shares in the new Crown owner or of any holding company of the new Crown owner that—
i: amount to more than 50% of the issued shares of the new Crown owner (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital); or
ii: enable that person to exercise, or control the exercise of, more than 50% of the maximum number of votes that can be exercised at a general meeting of the new Crown owner; or
iii: enable that person to control the composition of the board of directors of the new Crown owner; or
iv: entitle that person to receive more than 50% of every dividend paid on shares issued by the new Crown owner that carry no right to participate beyond a specified amount in a distribution of either profits or capital; or
b: the power to govern the financial and operating policies of the new Crown owner for the purpose of obtaining the benefits or the risks, or both, normally associated with ownership holding company Companies Act 1993 new Crown owner section 50(a) subsidiary Companies Act 1993
88: Change of control of new Crown owner to which relevant land has been transferred
1: This section applies if a Crown body disposes of any relevant land to a new Crown owner that is a subsidiary of the Crown body or a subsidiary of the Crown body's holding company and a change of control occurs during the year after the date of disposal.
2: The new Crown owner, on becoming aware of that change of control, must immediately give Te Rūnanga o Ngāi Tahu—
a: notice of the change of control; and
b: an irrevocable offer to dispose of the acquired land on such terms and conditions (including price) to be determined pursuant to subsections (6) to (15).
3: If the new Crown owner fails to comply with subsection (2), Te Rūnanga o Ngāi Tahu, acting on behalf of the new Crown owner, no later than 20 working days after the date on which Te Rūnanga o Ngāi Tahu became aware of the change of control, may prepare an offer and give a copy to the new Crown owner which offers to sell the acquired land to Te Rūnanga o Ngāi Tahu. The offer prepared by Te Rūnanga o Ngāi Tahu must be unconditional and must be for all of the acquired land on terms and conditions (including price) to be determined pursuant to subsections (6) to (15).
4: If Te Rūnanga o Ngāi Tahu fails to prepare an offer and give a copy to the new Crown owner within the time specified in subsection (3), it will be deemed to have given its written approval to the act, omission, or arrangement that constitutes the change of control.
5: Sections 67 68
6: If the new Crown owner and Te Rūnanga o Ngāi Tahu agree on all terms and conditions (including price) within that 1-month period, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract.
7: If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all the terms and conditions (including price) by the end of the 1-month period then—
a: Te Rūnanga o Ngāi Tahu may, within a further period of 5 working days, refer any matter that is not agreed to arbitration in accordance with subsections (11) to (15); and
b: once the terms and conditions (including price) have been agreed or determined by arbitration, Te Rūnanga o Ngāi Tahu must, if it wishes to accept the offer so determined, give notice to the new Crown owner of its acceptance of the offer within 5 working days after notice of the determination of the arbitrator has been given to Te Rūnanga o Ngāi Tahu.
8: If Te Rūnanga o Ngāi Tahu gives such notice of acceptance to the new Crown owner, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract.
9: Subsection (10) applies if,—
a: at the end of the 5-working day period specified in subsection (7)﻿(a), the new Crown owner and Te Rūnanga o Ngāi Tahu have not agreed on all terms and conditions (including price) and Te Rūnanga o Ngāi Tahu has not referred that matter to arbitration; or
b: at the end of the 5-working day period referred to in subsection 7(b), Te Rūnanga o Ngāi Tahu has not notified its acceptance.
10: Te Rūnanga o Ngāi Tahu is deemed to have given its written approval to the act, omission, or arrangement referred to in the definition of change of control in section 87
11: If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all terms and conditions (including price) for the offer given pursuant to subsections (2) or (3) and the matters that are not agreed are referred to arbitration pursuant to subsection 7(a), then the arbitration must be conducted in accordance with the Arbitration Act 1996
12: Te Rūnanga o Ngāi Tahu may commence the arbitration referred to in subsection (11) by giving a notice to the new Crown owner.
13: The arbitration must be conducted—
a: by 1 arbitrator, if the new Crown owner and Te Rūnanga o Ngāi Tahu can agree on an arbitrator; or
b: failing agreement, by 3 arbitrators, 1 to be appointed by the new Crown owner and 1 to be appointed by Te Rūnanga o Ngāi Tahu and 1 to be appointed by the arbitrators appointed by the new Crown owner and Te Rūnanga o Ngāi Tahu before they begin to consider the dispute.
14: The terms of appointment of an arbitrator must include requirements that—
a: the determination must be in the form of a written contract for sale and purchase of the acquired land incorporating all those terms and conditions (including price) that have already been agreed by the parties, if any, and also such other terms and conditions (including price) that would have been agreed by a willing seller with a willing buyer, each with equal bargaining strength and neither having the ability to impose terms on the other; and
b: the determination is made within 20 working days after the appointment of the arbitrator or arbitrators; and
c: the arbitrator or arbitrators must immediately notify the parties of the determination; and
d: the arbitrator or arbitrators must not disclose confidential information provided to the arbitrator or arbitrators in the course of the arbitration.
15: Te Rūnanga o Ngāi Tahu and the new Crown owner are bound by the award in the arbitration, but nothing in this subsection affects the rights of Te Rūnanga o Ngāi Tahu pursuant to subsection (7)﻿(b).
89: Public valuer or independent person to be expert
A public valuer appointed pursuant to section 59 section 61 section 75 section 77
90: Costs of public valuer pursuant to section 62
1: The cost of the public valuer's determination pursuant to section 62
2: The public valuer may determine that, because of the conduct of the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu, the cost of the determination must be borne as determined by the public valuer.
91: Costs of independent person pursuant to section 78
The cost of an independent person's determination pursuant to section 78
a: by the Crown body or other body concerned if the determination is that the terms of the agreement with the other person are more favourable than the benchmark terms; or
b: by Te Rūnanga o Ngāi Tahu if the determination is that the terms of the agreement with the other person are not more favourable than the benchmark terms.
92: Notices
1: Any notice or other communication to be given by Te Rūnanga o Ngāi Tahu must be given in writing addressed to the recipient at the address or fax number notified by the recipient pursuant to section 53(b)
2: Any notice or other communication to be given to Te Rūnanga o Ngāi Tahu must be given in writing addressed to Te Rūnanga o Ngāi Tahu at its head office or fax number at that address or any other address or fax number subsequently notified by Te Rūnanga o Ngāi Tahu in writing to the person giving the notice.
3: Any such notice or other communication may be given by hand, by prepaid post, or by fax.
4: A notice or other communication given by hand is deemed to have been received at the same time it was given, but if not given on a working day or given after 5 pm on a working day, the notice or other communication is deemed to have been given on the next working day.
5: A notice or other communication given by prepaid post is deemed to have been received on the second working day after posting.
6: A notice or other communication given by fax is deemed to have been received on the day of transmission, but if not transmitted on a working day or transmitted after 5 pm on a working day, the notice or other communication is deemed to have been received on the next working day after transmission.
93: No further inquiries
Notwithstanding any other enactment or rule of law, no court or tribunal has jurisdiction to inquire into, or to make any finding or recommendation in respect of—
a: a determination made pursuant to any of sections 62 78 90(2)
b: an appointment made pursuant to section 61 section 77
94: Withdrawal by Crown body
1: This Part does not prevent a Crown body from withdrawing a notice given pursuant to section 52 section 56
2: A Crown body must comply with this Part if it decides, after withdrawing a notice pursuant to section 52 section 56
3: This section applies subject to section 88
95: Participation in sales process for relevant land
1: This Part does not prevent any Ngāi Tahu participant from participating in any sales process relating to any relevant land independently of the right of first refusal set out in this Part.
2: Te Rūnanga o Ngāi Tahu must give notice to the Crown body or other body concerned if any Ngāi Tahu participant intends to participate in any such sales process.
3: If a Ngāi Tahu participant participates in such a sales process, then the Crown body or other body concerned may enter into a contract to dispose of relevant land and give effect to that contract to the Ngāi Tahu participant without further compliance with this Part, but if the contract does not proceed to settlement for any reason (other than default by the Ngāi Tahu participant), this Part applies to any future disposal or attempted disposal by the Crown body or other body concerned of the relevant land.
4: If the Crown body or other body concerned wishes to dispose of the relevant land after a sales process in which a Ngāi Tahu participant has participated, the fact that the Ngāi Tahu participant has participated in the sales process does not affect or derogate from the obligations of the Crown body or other body concerned pursuant to this Part except as provided in subsection (3).
5: For the purposes of this section, Ngāi Tahu participant
96: Disposal of more than 1 parcel of land
1: Nothing in this Part prevents a Crown body or other body concerned from attempting to dispose of, or from disposing of, together more than 1 parcel of relevant land, or 1 or more parcels of relevant land together with other land, but this Part applies to any such attempted disposal or disposal.
2: For the purposes of this Part, the terms of an agreement with another person to dispose of land that—
a: comprises 1 or more but not all of the parcels of land which were the subject of a disposal notice or a notice pursuant to section 65
b: was not itself the subject of a separate disposal notice or notice pursuant to section 65 are deemed to be more favourable than the benchmark terms arising out of the disposal notice or the notice given pursuant to section 65
97: Part ceasing to apply
This Part ceases to apply to an estate in relevant land if the estate in relevant land—
a: is transferred to Te Rūnanga o Ngāi Tahu, pursuant to section 66 section 82
b: becomes subject to an agreement for the sale and purchase between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and the transfer fails to occur by reason of a default by Te Rūnanga o Ngāi Tahu; or
c: is transferred (without breaching this Part) to any person who is not a Crown body.
98: Noting on certificates of title
1: As soon as reasonably practicable after the date on which this Act comes into force and after the date on which any land subsequently becomes relevant land, the chief executive must issue to the Registrar
2: As soon as reasonably practicable after the date on which a certificate of title is issued or lease is registered for any relevant land, being a date after this Act comes into force, the chief executive must issue to the Registrar
3: As soon as reasonably practicable after receiving a certificate from the chief executive pursuant to subsection (1) or subsection (2), the Registrar Subject to Part 9 of the Ngāi Tahu Claims Settlement Act 1998 (which provides for certain disposals relating to the land to which this certificate of title relates to be offered for purchase or lease to Te Rūnanga o Ngāi Tahu in certain circumstances).
4: It is not necessary for the Registrar to record the entry, referred to in subsection (3), on the duplicate of the certificate of title or registered lease. Section 98(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 98(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 98(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
99: Removal of notation
1: Where any relevant land for which a certificate of title has been issued or a lease registered is to be transferred (without breaching this Part) to any person other than a Crown body,—
a: the transferor must notify the chief executive of the transfer; and
b: the chief executive must, before registration of the transfer, issue to the Registrar
2: On receipt of a certificate pursuant to subsection (1) together with a registrable memorandum of transfer, the Registrar section 98(3) Section 99(1)﻿(b) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 99(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
100: Copy of certificate to be sent to Te Rūnanga o Ngāi Tahu
When the chief executive issues a certificate to the Registrar section 98(1) section 99(1)﻿(b) Section 100 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
10: High country stations
101: Section 10 of deed of settlement
This Part provides for the legislative matters contemplated by section 10 (high country stations) of the deed of settlement.
102: Interpretation
In this Part,— area plan effective date gift areas leaseback conservation areas Mararoa Valley area station areas
103: Notice of effective date
The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as reasonably practicable after the effective date, give notice of that date in the Gazette
104: Covenants and easements relating to station areas
1: In this section, Caples Valley area Greenstone Valley area
2: The covenants included in the deeds of covenant referred to in clause 10.5.1(a) to (e) of the deed of settlement are deemed to have been entered into pursuant to section 77
3: The easements referred to in clause 10.5.1(f) and (g) of the deed of settlement are deemed to have been acquired by the Minister of Conservation pursuant to section 12
4: Notwithstanding any enactment or rule of law, the covenants to provide public foot access to and over the Caples Valley area and the Greenstone Valley area provided for in the deeds of covenant referred to in clause 10.5.1(a) and clause 10.5.1(b) of the deed of settlement, are legally effective and enforceable by the Crown.
105: Transfers and leasebacks
1: The Land Act 1948
a: the transfer of land as required by section 10 of the deed of settlement:
b: the taking of a lease of any leaseback conservation area:
c: the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement.
2: For the avoidance of doubt, the following are dispositions of land by the Crown for the purposes of Part 4A
a: the transfer of land as required by section 10 of the deed of settlement:
b: the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement.
3: If no certificate of title has been issued under the Land Transfer Act 1952 Registrar Section 105(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
106: Subdivisions
Nothing in section 11 Part 10
107: Leaseback conservation areas
1: On and from the effective date, the Minister of Conservation holds and manages the leaseback conservation areas as conservation areas pursuant to section 7(2)
2: On and from the effective date, the leaseback conservation areas are not rateable under the Local Government (Rating) Act 2002 Section 107(2) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
108: Concessions and commercial activities
1: In this section,— commercial activity
a: includes any such activity or provision which has been carried on without a view to making a profit or charging any fee or deriving any other consideration if the terms on which the activity is undertaken or the facilities are provided change so that it is undertaken, or they are provided, with such a view; but—
b: does not include any activity described in section 17O(4) Crown commercial activity
2: The Minister of Conservation must not grant a concession over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).
3: The Minister of Conservation or other Minister or other representative of the Crown must not grant any permission similar to a concession to carry on a commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).
4: The Crown must not undertake any Crown commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).
5: Upon receipt of an application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation (or other Minister or representative of the Crown) must—
a: refer the application to Te Rūnanga o Ngāi Tahu as soon as reasonably practicable after receipt of the application; and
b: notify the applicant that it has done so; and
c: notify the applicant that the concession or permission cannot be granted, or the relevant activity commenced, without the consent of Te Rūnanga o Ngāi Tahu.
6: The Minister of Conservation may process an application for a concession or permission to which subsection (2) or (3) applies while Te Rūnanga o Ngāi Tahu considers whether it will consent to the granting of the concession or permission but must not publicly notify such an application before the consent of Te Rūnanga o Ngāi Tahu has been given.
7: In addition to the fee charged by the Minister of Conservation for the processing of any application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation will charge to the applicant and upon receipt of payment pay to Te Rūnanga o Ngāi Tahu, its fee for processing the request.
8: Te Rūnanga o Ngāi Tahu's fee referred to in subsection (7) must, unless agreed otherwise by the Minister of Conservation and Te Rūnanga o Ngāi Tahu, be an amount equal to 25% of the aggregate of the Minister of Conservation's fee and Te Rūnanga o Ngāi Tahu's fee.
9: Te Rūnanga o Ngāi Tahu's fee—
a: is to be treated as costs to which section 60B(1)
b: must be paid by the applicant as required under section 60B(1)﻿(c)
c: may be recovered by the Director-General in the manner specified in section 60B(1)﻿(d)
10: Part 3B
109: Conservation management strategies and conservation management plans
1: The Director-General of Conservation must consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu in respect of the preparation of every conservation management strategy or conservation management plan that affects any of the leaseback conservation areas or the gift areas.
2: The terms of a conservation management strategy or conservation management plan that affect a leaseback conservation area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the lease of the leaseback conservation area.
3: The terms of a conservation management strategy or conservation management plan that affect a gift area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the deed of gift referred to in clause 10.3 of the deed of settlement.
4: If, at the effective date, a conservation management plan or conservation management strategy to which this section applies has been prepared but not approved by the New Zealand Conservation Authority, the New Zealand Conservation Authority—
a: must either make such amendments to the conservation management plan or conservation management strategy as are necessary to make it comply with subsections (2) and (3), or obtain the agreement of Te Rūnanga o Ngāi Tahu to the inconsistency; and
b: may approve the conservation management plan or conservation management strategy only after it has complied with paragraph (a).
110: Ecological monitoring
1: In this section, Home Hill area
2: The Minister of Conservation may do all such things as are necessary or desirable to comply with, and enforce, clause 9 of the grazing licence over Mararoa Valley area and the Home Hill area referred to in clause 10.14.10 of the deed of settlement.
111: Easements and licences
1: In this section,—
a: Elfin Bay area
b: Greenstone Wharf area
2: The Minister of Conservation may grant—
a: the grazing licence referred to in clause 10.8 of the deed of settlement; and
b: the stock access easements referred to in clause 10.9.1 of the deed of settlement; and
c: the licences over the Elfin Bay area and the Greenstone Wharf area referred to in clause 10.11 of the deed of settlement; and
d: the licence and easement over the area around McKellar Lodge referred to in paragraph 7.3 of attachment 10.20 of the deed of settlement.
3: The licences and easements referred to in subsection (2) are enforceable in accordance with their terms, notwithstanding Part 3B
112: Licences for bridges
1: The Minister of Conservation and the chief executive may grant the licences referred to in clauses 10.9.2 and 10.9.3 of the deed of settlement.
2: The licences referred to in subsection (1) are enforceable in accordance with their terms, notwithstanding Part 3B
113: Stopping of roads in Mararoa Valley Area
1: In this section, roads
2: If the Southland District Council agrees in writing, the roads are stopped.
3: The fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu.
4: The date on which the roads are stopped and the fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu by subsections (2) and (3) is the later of—
a: the effective date; or
b: the date on which this Act comes into force pursuant to section 1
c: the date on which the chief executive notifies the stopping and vesting of the roads in the Gazette
5: As soon as reasonably practicable after the Southland District Council notifies the chief executive that it agrees to the stopping of the roads by subsection (2), the chief executive must notify in the Gazette
a: the stopping of the roads by subsection (2); and
b: the vesting of the roads by subsection (3).
114: Gift duty
No gift duty is payable by Te Rūnanga o Ngāi Tahu in respect of—
a: the transfer of the gift areas by Te Rūnanga o Ngāi Tahu to the Crown under clause 10.3 of the deed of settlement; or
b: the lease of the leaseback conservation areas under clause 10.7 of the deed of settlement.
115: Lake Rere
On the effective date,—
a: the reservation of Lake Rere reserve (as defined in the Gazette
b: the area shown as Lake Rere reserve on the area plan is deemed to be declared as a reserve, and classified as a recreation reserve pursuant to the Reserves Act 1977
116: New conservation area
On the effective date, the area shown on allocation plan HC 528 (SO 24801 (Otago Land District) and SO 12277 (Southland Land District)) as the conservation area is deemed to be a conservation area held for conservation purposes, pursuant to section 7
11: Mahinga kai
Transfer and vesting of properties
117: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 11
118: Effective date of matters set out in this Part
Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date.
119: Interpretation
In this Part, maimai Land vested in Te Rūnanga o Ngāi Tahu in fee simple
120: Tuku Tuku Iwi vested in Te Rūnanga o Ngāi Tahu
1: In this section, Tuku Tuku Iwi Part A
2: The reservation of Tuku Tuku Iwi as a reserve is revoked.
3: The fee simple estate in Tuku Tuku Iwi is vested in Te Rūnanga o Ngāi Tahu.
121: Te Parinui o Whiti vested in Te Rūnanga o Ngāi Tahu
1: In this section and section 122 Te Parinui o Whiti Part A
2: Te Parinui o Whiti ceases to be a conservation area.
3: The fee simple estate in Te Parinui o Whiti is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Parinui o Whiti described in Part A
4: For the purposes of section 471 Part 4A
122: Access to Te Parinui o Whiti
1: Section 129B
2: Neither the Crown nor any other person is obliged to provide or facilitate access for Te Rūnanga o Ngāi Tahu to Te Parinui o Whiti.
123: Sinclair Wetlands vested in Te Rūnanga o Ngāi Tahu
1: In this section, Sinclair Wetlands Part A
2: The fee simple estate in Sinclair Wetlands is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Sinclair Wetlands described in Schedule 7
3: For the purposes of section 471 Part 4A
4: For the purposes of section 77A
124: Te Waiomākua vested in Te Rūnanga o Ngāi Tahu
1: In this section and in section 177 Te Waiomākua Part A
2: The reservation of Te Waiomākua as a reserve is revoked.
3: The fee simple estate in Te Waiomākua is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Waiomākua described in Part A
4: For the purposes of section 471 Part 4A
125: Greenpark Huts vested in Te Rūnanga o Ngāi Tahu
1: In this section, Greenpark Huts Part A
2: Greenpark Huts ceases to be a conservation area.
3: The fee simple estate in Greenpark Huts is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Greenpark Huts described in Part A
126: Motutapu vested in Te Rūnanga o Ngāi Tahu
1: In this section, Motutapu Part A
2: The fee simple estate in Motutapu is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Motutapu described in Part A
3: For the purposes of section 471 Part 4A
127: Ōkeina (Okains Bay) vested in Te Rūnanga o Ngāi Tahu
1: In this section and sections 128 to 130 Ōkeina (Okains Bay) Part A
2: The appointment of Banks Peninsula District Council to control and manage Ōkeina (Okains Bay) as a reserve is revoked.
3: The reservation of Ōkeina (Okains Bay) as a reserve is revoked.
4: The building on Ōkeina (Okains Bay) known as Tini Ara Pata Part A
128: Structures and improvements on Ōkeina (Okains Bay)
1: The ownership of the structures and improvements attached to or on Ōkeina (Okains Bay) is vested in the Banks Peninsula District Council to hold in trust, maintain, and administer for the benefit of the Ōkeina (Okains Bay) community.
2: Subsection (1) applies whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38
3: The Banks Peninsula District Council may replace the structures and improvements on Ōkeina (Okains Bay) if it considers it necessary to do so.
4: Subsections (1) to (3) do not apply to the building on Ōkeina (Okains Bay) known as Tini Ara Pata
5: Notwithstanding subsection (1), the Banks Peninsula District Council may, but is not required to, remove from Ōkeina (Okains Bay) the structures and improvements vested in it by that subsection.
6: The Banks Peninsula District Council has rights of unrestricted access onto and over Ōkeina (Okains Bay) to use and maintain the structures and improvements vested in it by subsection (1), whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38
7: The vesting of the fee simple estate in Ōkeina (Okains Bay) in Te Rūnanga o Ngāi Tahu by section 127
a: lawful rights of public access to the foreshore and adjoining beach and the stream adjacent to Ōkeina (Okains Bay); or
b: lawful rights of public access to and recreational use and enjoyment of the Banks Peninsula District Council's structures and improvements on the land comprising Ōkeina (Okains Bay),— existing on 21 November 1997, for as long as, and to the extent that, those rights otherwise remain lawful.
8: Subsection (7) is subject to any regulation of public access and use by the Banks Peninsula District Council pursuant to the terms of its appointment to control and manage Ōkeina (Okains Bay) pursuant to section 129
129: Management of Ōkeina (Okains Bay) by Banks Peninsula District Council
1: The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.9 of the deed of settlement to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is sufficient for the purposes of section 38(1)
2: The approval of the Minister of Conservation to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is deemed to have been given for the purposes of section 38(1)
3: The management and control by Banks Peninsula District Council of Ōkeina (Okains Bay) as if it were a recreation reserve and in accordance with section 38 Schedule 8
4: The quoting in Schedule 8 section 38(1)
5: The Banks Peninsula District Council may exempt Ōkeina (Okains Bay) from rates, for so long as it is controlled and managed as if it were a recreation reserve, as contemplated in the restrictions, terms, and conditions referred to in subsection (3).
130: Certificate of title for Ōkeina (Okains Bay)
The Registrar sections 127 to 129 Section 130 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
131: South Bay-Kaikōura vested in Te Rūnanga o Ngāi Tahu
1: In this section, South Bay-Kaikōura Part A
2: Except as provided in section 139(1)
a: the reservation of South Bay-Kaikōura as a reserve is revoked; and
b: the fee simple estate in South Bay-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to South Bay-Kaikōura described in Part A on the date determined pursuant to section 139(2)
132: The Point-Kaikōura vested in Te Rūnanga o Ngāi Tahu
1: In this section, The Point-Kaikōura Part A
2: Except as provided in section 139(1)
a: the reservation of The Point-Kaikōura as a reserve is revoked; and
b: the fee simple estate in The Point-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to The Point-Kaikōura described in Part A on the date determined pursuant to section 139(2).
133: Whakamātakiuru (Ellesmere Landing) vested in Te Rūnanga o Ngāi Tahu
1: In this section and in sections 134 135 Whakamātakiuru (Ellesmere Landing) Part A
2: Except as provided in section 139(1)
a: the reservation of Whakamātakiuru (Ellesmere Landing) as a reserve (as created by the Gazette
b: the fee simple estate in Whakamātakiuru (Ellesmere Landing) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Whakamātakiuru (Ellesmere Landing) described in Part A on the date determined pursuant to section 139(2)
3: For the purposes of section 471 Part 4A
134: Certain leases of Whakamātakiuru (Ellesmere Landing) not subdivisions
A lease granted pursuant to clause 11.2.14 of the deed of settlement for a term of 20 years or longer (including any rights of renewal) is not a subdivision for the purposes of section 11 Part 10
135: Road through Whakamātakiuru (Ellesmere Landing) vested in Selwyn District Council
The area marked proposed road Part 21
136: Matariki vested in Te Rūnanga o Ngāi Tahu
1: In this section, Matariki Part A
2: Except as provided in section 139(1)
3: For the purposes of section 471 Part 4A
137: Taramea (Howells Point) vested in Te Rūnanga o Ngāi Tahu
1: In this section, Taramea (Howells Point) Part A
2: Except as provided in section 139(1)
a: the appointment of the Southland District Council to control and manage Taramea (Howells Point) is revoked; and
b: the reservation of Taramea (Howells Point) as a reserve is revoked; and
c: the fee simple estate in Taramea (Howells Point) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Taramea (Howells Point) described in Part A on the date determined pursuant to section 139(2).
3: The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.23 of the deed of settlement to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is sufficient for the purposes of section 38(2)
4: The approval of the Minister of Conservation to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is deemed to have been given for the purposes of section 38(2) Tribal properties
138: Value to be paid by Te Rūnanga o Ngāi Tahu
1: In this section and in section 139 transfer value tribal properties
a: Matariki:
b: South Bay-Kaikōura:
c: South Bay/Kaikōura Peninsula:
d: Taramea (Howells Point):
e: The Point-Kaikōura:
f: Whakamātakiuru (Ellesmere Landing),— being the properties described by those names in Part A
g: Ōaro:
h: Waipapa Point,— being the properties described by those names in Part B
2: An amount equal to the transfer value of the tribal property (or, if clause 11.2.29 of the deed of settlement applies, a sum calculated in accordance with paragraph (a) of that clause) must be paid by Te Rūnanga o Ngāi Tahu to the Crown no later than 5 business days after the settlement date.
139: Vesting of tribal properties in Te Rūnanga o Ngāi Tahu
1: The reserve status or conservation status of a tribal property is not to be revoked or to cease (as the case may be) and the tribal property is not to be vested in Te Rūnanga o Ngāi Tahu by this Part if—
a: Te Rūnanga o Ngāi Tahu notifies the Crown in writing pursuant to clause 11.2.28 or clause 11.2.29(b) of the deed of settlement that it does not intend to accept vesting of the tribal property pursuant to this Part; or
b: Te Rūnanga o Ngāi Tahu does not comply with section 138
2: A tribal property to be vested by this Part has its reserve status revoked or its conservation status cease (as the case may be) and is vested in accordance with the section which applies to that tribal property on the later of the following dates:
a: the settlement date; or
c: the date on which the amount payable pursuant to section 138
3: As soon as reasonably practicable after a tribal property vests in Te Rūnanga o Ngāi Tahu pursuant to this Part, the chief executive must—
a: notify the vesting of a tribal property in Te Rūnanga o Ngāi Tahu pursuant to this Part in the Gazette
b: forward a copy of the Gazette Registrar Section 139(3)﻿(b) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Land vested in Te Rūnanga o Ngāi Tahu subject to protected private land agreements
140: South Bay/Kaikōura Peninsula vested in Te Rūnanga o Ngāi Tahu
1: In this section, South Bay/Kaikōura Peninsula Part A
2: Except as provided in section 139(1)
a: the reservation of South Bay/Kaikōura Peninsula as a reserve is revoked; and
b: the fee simple estate in South Bay/Kaikōura Peninsula is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to South Bay/Kaikōura Peninsula described in Part A on the date determined pursuant to section 139(2).
141: Moturata vested in Te Rūnanga o Ngāi Tahu
1: In this section, Moturata Part A
2: The reservation of Moturata as a reserve is revoked.
3: The fee simple estate in Moturata is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Moturata described in Part A
4: For the purposes of section 471 Part 4A
142: Huriawa vested in Te Rūnanga o Ngāi Tahu
1: In this section, Huriawa Part A
2: The reservation of Huriawa as a reserve is revoked.
3: The fee simple estate in Huriawa is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Huriawa described in Part A
4: For the purposes of section 471 Part 4A
143: Māpoutahi vested in Te Rūnanga o Ngāi Tahu
1: In this section, Māpoutahi Part A
2: The reservation of Māpoutahi as a reserve is revoked.
3: The fee simple estate in Māpoutahi is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Māpoutahi described in Part A
4: For the purposes of section 471 Part 4A
144: Noting on titles
As soon as reasonably practicable after land referred to in sections 140 to 143 Gazette Registrar Gazette Registrar
a: that the land is declared to be protected private land under section 76
b: the date of the relevant agreement entered into pursuant to clause 11.3.6(a) of the deed of settlement. Section 144 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
145: Revocation of declaration under section 76 of Reserves Act 1977
1: Te Rūnanga o Ngāi Tahu and the Minister of Conservation may agree in writing to discontinue an agreement entered into pursuant to clause 11.3.6(a) or clause 11.3.6(b) of the deed of settlement.
2: If Te Rūnanga o Ngāi Tahu and the Minister of Conservation agree to discontinue an agreement pursuant to subsection (1), the Minister of Conservation must revoke the declaration made under section 76
3: Notwithstanding anything to the contrary in section 76 sections 140 to 143
4: If a declaration referred to in subsection (1) is revoked, the Registrar section 144 Section 145(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Vesting of land in Te Rūnanga o Ngāi Tahu subject to Reserves Act 1977
146: Te Rūnanga o Ngāi Tahu to be administering body
In respect of the reserves vested in Te Rūnanga o Ngāi Tahu by this Act, Te Rūnanga o Ngāi Tahu is an administering body under the Reserves Act 1977
147: Te Rūnanga o Ngāi Tahu to hold and administer Kahutara
1: In this section, Kahutara Part B
2: Kahutara is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
3: The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B
148: Te Rūnanga o Ngāi Tahu to hold and administer Ōmihi/Goose Bay
1: In this section, Ōmihi/Goose Bay Part B
2: To the extent that Ōmihi/Goose Bay is a conservation area,—
a: it ceases to be a conservation area; and
b: it is deemed to be declared a reserve, and classified as a recreation reserve, pursuant to the Reserves Act 1977
3: Ōmihi/Goose Bay is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
4: The vesting by subsection (3) is subject to the conditions and restrictions set out in Part B
149: Te Rūnanga o Ngāi Tahu to hold and administer Ōaro
1: In this section, Ōaro Part B
2: Except as provided in section 139(1) section 26
3: The vesting of Ōaro in Te Rūnanga o Ngāi Tahu by subsection (2) is subject to the conditions and restrictions set out in Part B
150: Creation of historic reserve at Ōtūkoro
1: In this section, Ōtūkoro Part B
2: Ōtūkoro ceases to be a conservation area.
3: Ōtūkoro is deemed to be—
a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977
b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
c: named the Ōtūkoro Historic Reserve section 16(10)
151: Te Rūnanga o Ngāi Tahu to hold and administer Maerewhenua
1: In this section, Maerewhenua Part B
2: The appointment of Heritage New Zealand Pouhere Taonga
3: Maerewhenua is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 Section 151(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
152: Te Rūnanga o Ngāi Tahu to hold and administer Takiroa
1: In this section, Takiroa Part B
2: The appointment of Heritage New Zealand Pouhere Taonga
3: Takiroa is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 Section 152(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
153: Te Rūnanga o Ngāi Tahu to hold and administer Kātiki
1: In this section, Kātiki Part B
2: Kātiki is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
3: The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B
154: Te Rūnanga o Ngāi Tahu to hold and administer Ōnawe Pā
1: In this section, Ōnawe Pā Part B
2: Ōnawe Pā is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
155: Creation of reserve around Kopuwai
1: In this section, Kopuwai Part B
2: If Kopuwai is surrendered to the Crown and held as a conservation area in the manner contemplated in clause 11.4.10 of the deed of settlement, it ceases to be a conservation area.
3: If Kopuwai ceases to be a conservation area pursuant to subsection (2), it is deemed to be—
a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977
b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
c: named the Kopuwai Historic Reserve section 16(10)
4: If Kopuwai is vested by subsection (3),—
a: the vesting is subject to the conditions and restrictions set out in Part B
b: the date on which Kopuwai is vested is the later of the settlement date or the business day following the date on which it is surrendered in accordance with subsection (2).
5: As soon as reasonably practicable after Kopuwai is deemed to be vested by subsection (3), the Minister of Conservation must notify that vesting in the Gazette
156: Creation of historic reserve at Kawarau Gorge
1: In this section,— Kawarau Gorge Part A: Kawarau Gorge Part B road Part B: Kawarau Gorge Part B
2: On the date referred to in subsection (4),—
a: the road is stopped; and
b: Kawarau Gorge ceases to be a marginal strip under section 24
3: Kawarau Gorge and the road are deemed to be—
a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977
b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
c: named the Whatatōrere Historic Reserve section 16(10)
4: The date on which Kawarau Gorge and the road are vested by subsection (3) is the later of the settlement date or the date on which a survey has been completed for Kawarau Gorge (which date must be no later than 12 months after the settlement date, or such other date as Te Rūnanga o Ngāi Tahu and the Crown agree in writing).
5: The vesting of Kawarau Gorge and the road by subsection (3) is subject to the conditions and restrictions set out in Part B
6: As soon as reasonably practicable after the vesting of Kawarau Gorge and the road by subsection (3), the Minister of Conservation must notify the vesting in the Gazette
157: Te Rūnanga o Ngāi Tahu to hold and administer Waipapa Point
1: In this section, Waipapa Point Part B
2: Except as provided in section 139(1) section 26
3: The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B
158: Te Rūnanga o Ngāi Tahu to hold and administer Maranuku
1: In this section, Maranuku Part B
2: Maranuku is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
159: Creation of historic reserve at Moeraki Lake site
1: In this section,— Moeraki Lake site Part B wildlife refuge section 2
2: The status of the Moeraki Lake site as a wildlife refuge is revoked and, to the extent that the Moeraki Lake site is a conservation area, it ceases to be a conservation area.
3: The Moeraki Lake site is deemed to be—
a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977
b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
c: named the Moeraki Historic Reserve section 16(10)
4: The vesting of the Moeraki Lake site in Te Rūnanga o Ngāi Tahu by subsection (3) is subject to the conditions and restrictions set out in Part B
160: Creation of reserve at Wairewa
1: In this section, Wairewa Part B section 161(1)
2: The reservation of Wairewa as a reserve is revoked and, to the extent that Wairewa is a conservation area, it ceases to be a conservation area.
3: Wairewa is deemed to be—
a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977
b: named the Ōruaka Historic Reserve section 16(10)
c: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
4: The vesting by subsection (3) is subject to the conditions and restrictions set out in Part B
161: Addition of roads to Ōruaka Historic Reserve
1: In this section,— Ōruaka Historic Reserve section 160(3) roads
2: If the Banks Peninsula District Council, at its discretion, agrees,—
a: the roads are stopped; and
b: the roads are deemed to be declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977
c: the roads are added to and become part of the Ōruaka Historic Reserve.
3: The date on which the roads are stopped, declared a reserve, and classified as an historic reserve by subsection (2), is the later of the settlement date or the business day following the date on which the Minister of Conservation notifies the stopping, declaration, and classification of the roads in the Gazette
4: The roads are deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26
5: The vesting by subsection (4) is subject to the conditions and restrictions set out in Part B
6: As soon as reasonably practicable after the Banks Peninsula District Council notifies the Minister of Conservation that it agrees to the stopping of the roads by subsection (2)﻿(a), the Minister of Conservation must notify in the Gazette
a: the stopping of the roads; and
b: the declaration and classification of the roads by subsection (2)﻿(b); and
c: the vesting of the roads by subsection (4). Changes of name and classifications
162: Change of name of Mount Cook National Park
1: The name of the Mount Cook National Park is changed to the Aoraki/Mount Cook National Park.
2: The change of name by subsection (1) is deemed to have been made pursuant to section 7(1)﻿(d)
3: Amendment(s) incorporated in the Act(s)
163: Reserves
In sections 164 to 166
a: Bluff Hill Scenic Reserve
b: Castle Hill Conservation Area
c: Maungaatua Scenic Reserve
d: Ōmihi/Goose Bay Scenic Reserve
e: Shag Point Recreation Reserve
f: Wilsher Bay Scenic Reserve mean the reserves described by those names in Schedule 9
164: Change of classification
1: The classification of the Ōmihi/Goose Bay Scenic Reserve is changed from a scenic reserve to an historic reserve.
2: The change of classification by subsection (1) is deemed to have been made pursuant to section 24
165: Change of name of conservation area
The name of the Castle Hill Conservation Area is changed to Kura Tāwhiti Conservation Area, notwithstanding section 18(3)
166: Change of name of certain reserves
1: The name of the reserve referred to in section 164
2: The name of the Bluff Hill Scenic Reserve is changed to Motupōhue Scenic Reserve.
3: The name of the Shag Point Recreation Reserve is changed to Matakaea Recreation Reserve.
4: The name of the Maungaatua Scenic Reserve is changed to Maukaatua Scenic Reserve.
5: The name of the Wilsher Bay Scenic Reserve is changed to Maranuku Scenic Reserve.
6: The changes of name by this section are deemed to have been made pursuant to section 16(10) Vesting of bed of Te Waihora
167: Interpretation
In sections 168 to 182 bed of Te Waihora Schedule 10 joint management plan section 177 mahinga kai
168: Vesting of bed of Te Waihora in Te Rūnanga o Ngāi Tahu
1: The bed of Te Waihora ceases to be a conservation area.
2: The fee simple estate in the bed of Te Waihora is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Te Waihora described in Schedule 10
3: For the purposes of section 471 Part 4A
169: Road vested in Selwyn District Council
1: In subsection (2) the land Legal Road to be extended
2: The land is vested in the Selwyn District Council as a road.
170: Vesting of river protection reserve
1: In this section, Selwyn Delta river protection reserve
2: If the Canterbury Regional Council, at its discretion, agrees,—
a: the reservation of the Selwyn Delta river protection reserve as a reserve is revoked; and
b: the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu.
3: The date on which the reserve status of the Selwyn Delta river protection reserve is revoked and the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu by subsection (2) is the later of the settlement date or the business day following the date on which the Minister of Conservation notifies the revocation of the reserve status and the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Rūnanga o Ngāi Tahu by subsection (2) in the Gazette
4: As soon as reasonably practicable after the Canterbury Regional Council notifies the Minister of Conservation that it agrees to the revocation of the reservation of the Selwyn Delta river protection reserve by subsection (2)﻿(a), the Minister of Conservation must notify in the Gazette
a: the revocation of the reserve status; and
b: the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Rūnanga o Ngāi Tahu by subsection (2)﻿(b).
5: If the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu by subsection (2),—
a: it is to be treated as being included in the definition of bed of Te Waihora in section 167
b: all of the terms of vesting of the fee simple estate in the bed of Te Waihora set out in sections 167 to 182
171: Title extends to bed only
1: Ownership of the bed of Te Waihora by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of—
a: the waters of Te Waihora (Lake Ellesmere); or
b: the aquatic life of Te Waihora (Lake Ellesmere); or
c: the structures attached to or in the bed of Te Waihora described in Schedule 10
2: In subsection (1)﻿(b), aquatic life does not include plants attached to the bed of Te Waihora.
172: Registrar
1: The Registrar Land Transfer Act 1952 Part 17 section 168
2: The Registrar Section 172 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 172(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 172(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
173: Existing public access and use
All lawful rights of public access to and of recreational use and enjoyment affecting the bed of Te Waihora existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Te Waihora in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.
174: Existing lawful commercial use and structures
All—
a: lawful commercial uses affecting the bed of Te Waihora; and
b: rights of ownership, use, and occupation of the structures in or upon the bed of Te Waihora,— existing on 21 November 1997, and described in Schedule 10
175: Maimais
1: The continued use of maimais on the bed of Te Waihora is at the discretion of Te Rūnanga o Ngāi Tahu.
2: The Minister of Conservation and the North Canterbury Fish and Game Council may enter into the agreement referred to in clause 11.6.13(b) of the deed of settlement, and the North Canterbury Fish and Game Council may undertake and perform the rights, duties, and obligations to which it has agreed.
3: Subsection (2) is deemed to have come into force on 23 September 1997.
176: Statutory adviser
The areas described in section 177(2)﻿(b) and (c) section 230
177: Joint management plan
1: The Minister of Conservation may agree in writing with the owners of 1 or more of the areas referred to in subsection (2)﻿(a), (d), and (e) that a joint management plan be prepared—
a: for the integrated management of those areas and the areas referred to in subsections (2)﻿(b) and (c), and the natural and historic resources within those areas; and
b: for such purposes, and by means of such processes, as the owners of the areas concerned may agree from time to time, including processes for review and amendment.
2: The areas for which a joint management plan may be prepared are—
a: the bed of Te Waihora, and Te Waiomākua; and
b: the areas described in Schedule 11 Conservation Act 1987 Schedule 1
c: any other areas within 500 metres of the bed of Te Waihora (or such other distance as may be agreed in writing by the Minister of Conservation and Te Rūnanga o Ngāi Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987 (excluding any such areas that are held and managed under that Act or any of those statutes by Fish and Game Councils) for so long as they are so held, managed, or administered; and
d: any areas associated with any of the areas referred to in paragraphs (a) to (c) which may, by agreement with the owners of those areas, be included in the area covered by the joint management plan concerned; and
e: such other areas as may be agreed by Te Rūnanga o Ngāi Tahu and the Crown.
178: Application of Conservation Act 1987
1: Sections 17A(b) 17W(7), and 17W(8) section 177(2)﻿(b) and (c) conservation management plans
2: Subsection (1) does not apply if a joint management plan is not prepared and approved in accordance with clause 11.6.19 of the deed of settlement.
179: Non-derogation from legislation and other matters
Nothing in a joint management plan derogates from,—
a: with respect to the areas referred to in section 177(2)﻿(b) and (c) Conservation Act 1987 Schedule 1
b: with respect to the areas referred to in section 177(2)﻿(a)
c: with respect to all of the areas referred to in section 177(2)
180: Effect of joint management plan
1: A joint management plan has effect on and from the commencement date, which will be specified in that joint management plan.
2: The Minister of Conservation and the Director-General of Conservation each has the same obligations in respect of a joint management plan as they have in respect of a conservation management plan under the Conservation Act 1987
3: A joint management plan does not of itself restrict or affect the exercise of any legal right or power by any person other than the Minister of Conservation, the Director-General of Conservation, and the owner of any land covered by the joint management plan.
4: Any purposes and processes which the Minister of Conservation agrees to pursuant to section 177(1)﻿(b)
5: If the Minister of Conservation and the owners of any of the areas referred to in section 177(2)﻿(a), (d), and (e) Gazette
181: Recording of agreement to prepare joint management plan in Act
1: The agreement of Te Rūnanga o Ngāi Tahu and the Crown to prepare a joint management plan pursuant to clause 11.6.19 of the deed of settlement (as quoted in Schedule 12 section 177
2: The quoting of the terms of the agreement in Schedule 12 section 177
182: Power to make bylaws
1: The Minister of Conservation may, from time to time after the date on which a joint management plan has come into effect and upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Te Waihora, for the purpose of protecting the bed of Te Waihora from any adverse effects on the mahinga kai or conservation values of the bed of Te Waihora caused by public access or recreational use and enjoyment.
2: The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that the recommendation of Te Rūnanga o Ngāi Tahu is contained in a joint management plan and has been subject to the agreed public process for a joint management plan recorded in Schedule 12
3: Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:
a: prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Te Waihora either permanently or temporarily:
b: providing for the form of any public notice and the manner in which it must be advertised:
c: prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Te Waihora:
d: prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Te Waihora:
e: prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:
f: providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.
4: For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Te Waihora for the purposes of the Trespass Act 1980
5: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 182(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Vesting of bed of Muriwai (Coopers Lagoon)
183: Interpretation
In sections 184 to 190 bed of Muriwai (Coopers Lagoon) Schedule 10
184: Vesting of bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu
1: The reservation of the bed of Muriwai (Coopers Lagoon) as a reserve is revoked.
2: The fee simple estate in the bed of Muriwai (Coopers Lagoon) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Muriwai (Coopers Lagoon) described in Schedule 10
3: For the purposes of section 471 Part 4A
185: Title extends to bed only
1: Ownership of the bed of Muriwai (Coopers Lagoon) by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of—
a: the waters of Muriwai (Coopers Lagoon); or
b: the aquatic life of Muriwai (Coopers Lagoon); or
c: any structures attached to or in the bed of Muriwai (Coopers Lagoon) and described in Schedule 10
2: In subsection (1)﻿(b), aquatic life
186: Registrar
1: The Registrar Land Transfer Act 1952 Part 17 section 184
2: The Registrar Section 186 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 186(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 186(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
187: Existing public access and use
All lawful rights of public access to, and of recreational use and enjoyment affecting, the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.
188: Power to make bylaws
1: The Minister of Conservation may from time to time, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) for the purpose of protecting the bed of Muriwai (Coopers Lagoon) from adverse effects on the conservation values of the bed of Muriwai (Coopers Lagoon) caused by public access or recreational use and enjoyment.
2: The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that—
a: public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) is having an adverse effect on the conservation values of the bed of Muriwai (Coopers Lagoon); and
b: in order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) should be prohibited or regulated.
3: Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:
a: prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Muriwai (Coopers Lagoon), either permanently or temporarily:
b: providing for the form of any public notice and the manner in which it must be advertised:
c: prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon):
d: prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Muriwai (Coopers Lagoon):
e: prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:
f: providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.
4: Before bylaws are made pursuant to subsection (1),—
a: the Minister of Conservation must consult with the North Canterbury Conservation Board, the appropriate Papatipu Rūnanga (through Te Rūnanga o Ngāi Tahu), the North Canterbury Fish and Game Council, the Canterbury Regional Council, the Selwyn District Council, and such other persons or organisations as the Minister of Conservation and Te Rūnanga o Ngāi Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and
b: submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Muriwai (Coopers Lagoon) is situated and in such other manner (if any) as the Minister of Conservation and Te Rūnanga o Ngāi Tahu may consider appropriate; and
c: the Minister of Conservation must consider any submissions received on the draft bylaws.
5: For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Muriwai (Coopers Lagoon) for the purposes of the Trespass Act 1980
6: If Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to section 177(2)﻿(e) section 182
7: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 188(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
189: Existing lawful commercial use and structures
All—
a: lawful commercial uses affecting the bed of Muriwai (Coopers Lagoon); and
b: rights of ownership, use, and occupation of the structures in or upon the bed of Muriwai (Coopers Lagoon),— existing on 21 November 1997, and described in Schedule 10
190: Maimais
1: Levels of use in respect of maimais on the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu.
2: After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Muriwai (Coopers Lagoon) will be at the discretion of Te Rūnanga o Ngāi Tahu.
3: If Te Rūnanga o Ngāi Tahu, the Crown, and the North Canterbury Fish and Game Council agree that the bed of Muriwai (Coopers Lagoon) is to be covered by the agreement referred to in clause 11.6.13(b) of the deed of settlement, then section 175 Vesting of bed of Lake Mahināpua
191: Interpretation
In sections 192 to 200 bed of Lake Mahināpua Schedule 10
192: Vesting of bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu
The fee simple estate in the bed of Lake Mahināpua is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Lake Mahināpua described in Schedule 10
193: Title extends to bed only
1: Ownership of the bed of Lake Mahināpua by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of—
a: the waters of Lake Mahināpua; or
b: the aquatic life of Lake Mahināpua; or
c: any structures attached to or in the bed of Lake Mahināpua and described in Schedule 10
2: In subsection (1)﻿(b), aquatic life
194: Registrar
1: The Registrar Land Transfer Act 1952 Part 17 section 192
2: The Registrar Section 194 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 194(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 194(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
195: Existing public access and use
All lawful rights of public access to, and of recreational use and enjoyment affecting, the bed of Lake Mahināpua existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.
196: Power to make bylaws
1: The Minister of Conservation may, from time to time, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua for the purpose of protecting the bed of Lake Mahināpua from adverse effects on the conservation values, including wāhi tapu values, of the bed of Lake Mahināpua caused by public access or recreational use and enjoyment.
2: The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that—
a: public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua is having an adverse effect on the conservation values of the bed of Lake Mahināpua; and
b: in order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua should be prohibited or regulated.
3: Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:
a: prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Lake Mahināpua either permanently or temporarily:
b: providing for the form of any public notice and the manner in which it must be advertised:
c: prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua:
d: prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Lake Mahināpua:
e: prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:
f: providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.
4: Before bylaws are made pursuant to subsection (1),—
a: the Minister of Conservation must consult with the West Coast Conservation Board, the appropriate Papatipu Rūnanga (through Te Rūnanga o Ngāi Tahu), the West Coast Fish and Game Council, the West Coast Regional Council, the Westland District Council, and such other persons or organisations as the Minister of Conservation and Te Rūnanga o Ngāi Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and
b: submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Lake Mahināpua is situated and in such other manner (if any) as the Minister of Conservation and Te Rūnanga o Ngāi Tahu may consider appropriate; and
c: the Minister of Conservation must consider any submissions received on the draft bylaws.
5: For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Lake Mahināpua for the purposes of the Trespass Act 1980
6: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 196(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
197: Existing lawful commercial use and structures
All—
a: lawful commercial uses affecting the bed of Lake Mahināpua; and
b: rights of ownership, use, and occupation of the structures in or upon the bed of Lake Mahināpua,— existing on 21 November 1997, and described in Schedule 10
198: Maimais
1: Levels of use in respect of maimais on the bed of Lake Mahināpua, existing on 21 November 1997, may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu by section 192
2: After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Lake Mahināpua will be at the discretion of Te Rūnanga o Ngāi Tahu.
199: Statutory adviser
The following areas are sites for the purposes of sections 230 to 234
a: the areas described in Schedule 13 Conservation Act 1987 Schedule 1
b: any other areas within 500 metres of the bed of Lake Mahināpua (or such other distance as may be agreed in writing by the Minister of Conservation and Te Rūnanga o Ngāi Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1
200: Legal access to bed of Lake Mahināpua
On the settlement date, or as soon as reasonably practicable thereafter, the Crown must grant an easement in the form set out in attachment 11.40 of the deed of settlement, in favour of the registered proprietor of the bed of Lake Mahināpua, over the recreation reserve land adjacent to the bed of Lake Mahināpua, notwithstanding section 59A Part 3B Lease of Te Waihora sites
201: Grant of leases
1: In this section, Pakoau Waikirikiri Part C
2: On the settlement date, the Crown, acting through the Minister of Conservation, must grant leases to Te Rūnanga o Ngāi Tahu of—
a: Pakoau; and
b: Waikirikiri— in the forms set out in attachments 11.41 and 11.42 of the deed of settlement.
3: The leases granted by subsection (2) are deemed to be concessions granted pursuant to and in compliance with Part 3B
12: Mahinga kai
General
202: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 12
203: Interpretation
Where a species of plant, animal, bird, or fish has been defined or is referred to in this Part by any 1 or more of its Māori, English, or scientific names, for the avoidance of doubt, the scientific name prevails.
204: Effective date of matters set out in this Part
Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date. Statutory acknowledgements
205: Interpretation
1: In sections 206 to 222 Schedules 14 to 77 consent authority section 2 deed of recognition sections 212 213 effective date lake
a: means—
i: a body of fresh water which is entirely or nearly surrounded by land, including a lake controlled by artificial means; and
ii: the bed of the lake; but
b: does not include—
i: any part of the bed of the lake which is not in Crown ownership or control; or
ii: with respect to a lake not controlled by artificial means, any land which the waters of the lake do not cover at its highest level without exceeding its margin; or
iii: with respect to a lake controlled by artificial means, any land which the waters of the lake do not cover at its maximum operating level as prescribed from time to time by any resource consent or rule of a regional plan or proposed plan within the meaning of the Resource Management Act 1991
iv: any river or watercourse, artificial or otherwise, draining into or out of a lake resource consent section 87 river
a: means—
i: a continually or intermittently flowing body of fresh water, including a stream and modified watercourse; and
ii: the bed of the river; but
b: does not include—
i: any part of the bed of the river which is not in Crown ownership or control; or
ii: any land which the waters of the river do not cover at its fullest flow without overtopping its banks; or
iii: any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal); or
iv: any tributary flowing into a river, unless expressly provided to the contrary in the description of a particular river contained in any of Schedules 14 to 77 statutory acknowledgement section 206 section 313 section 332 sections 206 to 220 statutory areas Schedules 14 to 77 100 to 104 108 statutory area wetland
a: means—
i: a permanently or intermittently wet area, shallow water, and land water margin that supports a natural ecosystem of plants and animals that are adapted to wet conditions; and
ii: the land beneath that wet area, shallow water, and land water margin; but
b: does not include—
i: any part of the land beneath the wet area, shallow water, or land water margin which is not in Crown ownership or control; or
ii: any land bordering the wetland; or
iii: any river or watercourse, artificial or otherwise, draining into or out of a wetland; or
iv: any lake.
2: SO references are included in Schedules 14 to 77
206: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with the statutory areas, the texts of which are set out in Schedules 14 to 77
207: Distribution of applications to Te Rūnanga o Ngāi Tahu
1: The Governor-General may, on the recommendation of the Minister for the Environment, from time to time, by Order in Council, make regulations, as contemplated by clause 12.2.3 of the deed of settlement,—
a: providing for consent authorities to forward to Te Rūnanga o Ngāi Tahu a summary of any applications received for resource consents for activities within, adjacent to, or impacting directly on statutory areas; and
b: providing for Te Rūnanga o Ngāi Tahu to waive its rights to be notified pursuant to such regulations.
2: Nothing in any regulations made pursuant to this section will in any way affect the discretion of a consent authority as to whether or not to notify any application pursuant to sections 93 to 94C adversely affected
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 207(2) amended 1 August 2003 section 105(1)﻿(a) Resource Management Amendment Act 2003 Section 207(2) amended 1 August 2003 section 105(1)﻿(b) Resource Management Amendment Act 2003 Section 207(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
208: Local authorities must have regard to statutory acknowledgements
From the effective date, and without derogating from its obligations under Part 2 sections 93 to 94C Section 208 substituted 1 August 2003 section 105(2) Resource Management Amendment Act 2003
209: Environment Court to have regard to statutory acknowledgements
From the effective date, and without derogating from its obligations under Part 2 section 274
210: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 210 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
211: Use of statutory acknowledgement with submissions
1: Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whānui may cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: For the avoidance of doubt, the content of the association, as recorded in a statutory acknowledgement, is not by virtue of the statutory acknowledgement binding as deemed fact upon consent authorities, the Environment Court, Heritage New Zealand Pouhere Taonga
3: Neither Te Rūnanga o Ngāi Tahu nor any member of Ngāi Tahu Whānui is precluded from stating that Ngāi Tahu has any association with the statutory area not described in the relevant statutory acknowledgement, nor does the content or existence of the statutory acknowledgement derogate from any such statement. Section 211(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 211(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
212: Authorisation to enter into deeds of recognition
Where a statutory acknowledgement has been made by section 206 section 332(1)
213: Form and terms of deeds of recognition
A deed of recognition entered into pursuant to section 212
a: Te Rūnanga o Ngāi Tahu must be consulted; and
b: particular regard must be had to the views of Te Rūnanga o Ngāi Tahu relating to the association described in the statutory acknowledgement to which the deed of recognition relates, concerning the management or administration of the statutory area by the responsible Minister of the Crown, or the Commissioner of Crown Lands, as the case may be,— on the matters specified in the deed of recognition.
214: Alienation of land
In the event that land in respect of which a deed of recognition applies is alienated by the Crown, the deed of recognition is automatically terminated.
215: Purposes of statutory acknowledgements
Without limiting sections 216 to 219
a: to require that consent authorities forward summaries of resource consent applications to Te Rūnanga o Ngāi Tahu, as required by regulations made pursuant to section 207
b: to require that consent authorities, Heritage New Zealand Pouhere Taonga sections 208 to 210
c: to empower the Minister of the Crown responsible for management of the statutory areas, or the Commissioner of Crown Lands, as the case may be, to enter into deeds of recognition, as provided in section 212
d: to enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whānui to cite statutory acknowledgements as evidence of the association of Ngāi Tahu to the statutory areas, as provided in section 211 Section 215(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
216: Purposes of deeds of recognition
Without limiting sections 217 to 219 section 213
217: Exercise of powers, duties, and functions
Except as expressly provided in sections 208 to 211 213 215 216
a: neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and
b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu's association to a statutory area (as described in the relevant statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if no statutory acknowledgement or deed of recognition existed in respect of that statutory area.
218: Rights not affected
Except as expressly provided in sections 206 to 220
219: Limitation of rights
Except as expressly provided in sections 206 to 220
220: Recording of statutory acknowledgements on statutory plans
1: Local authorities within the Ngāi Tahu claim area must attach to all regional policy statements, district plans, and regional plans (including proposed plans and proposed policy statements) from time to time prepared pursuant to the Resource Management Act 1991
2: The attachment of information to any policy statement or plan pursuant to subsection (1) is for the purpose of public information only and the information is neither part of the plan (unless adopted by the relevant regional council or district council) nor subject to the provisions of Schedule 1
221: Pikirakatahi (Mount Earnslaw)
1: If any part of the area included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown, then such part of that area as—
a: is held under the Conservation Act 1987 Schedule 1
b: is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for identification of statutory areas which are mountains; and
c: is agreed by Te Rūnanga o Ngāi Tahu and the Crown— becomes part of the statutory area known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 205 to 220 Gazette
2: As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)﻿(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the statutory area known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette
222: Tokatā (The Nuggets)
1: If any part of the area described as the Islands sections 205 to 220 Gazette
2: As soon as reasonably practicable after any part of the Islands is confirmed to be in Crown ownership, the Minister of the Crown responsible for the department which manages that area must notify that confirmation, and the inclusion of that area as part of the statutory area known as Tokatā (The Nuggets) pursuant to subsection (1), in the Gazette Amendments to Resource Management Act 1991
223: Notification of application
Section 223 repealed 1 August 2003 section 96 Resource Management Amendment Act 2003
224: Application not requiring notification
Section 224 repealed 1 August 2003 section 96 Resource Management Amendment Act 2003
225: Representation at proceedings
Amendment(s) incorporated in the Act(s)
226: New Schedule 11 inserted
Amendment(s) incorporated in the Act(s) Amendments to Historic Places Act 1993
227: Interpretation
Amendment(s) incorporated in the Act(s)
228: Powers of Trust in relation to authority application
Amendment(s) incorporated in the Act(s)
229: Rights of appeal
Amendment(s) incorporated in the Act(s) Te Rūnanga o Ngāi Tahu to be statutory adviser
230: Interpretation
In sections 231 to 236 sites Schedule 79 sections 176 199 site statutory adviser section 231 sections 232 233
231: Appointment of statutory adviser
Te Rūnanga o Ngāi Tahu is appointed as a statutory adviser in respect of the sites.
232: Functions of statutory adviser
As a statutory adviser, Te Rūnanga o Ngāi Tahu may provide advice directly to the Minister of Conservation in respect of a site when the Minister is—
a: considering any draft conservation management plan or conservation management strategy under the Conservation Act 1987 National Parks Act 1980
b: formulating written recommendations to the New Zealand Conservation Authority— in respect of that site.
233: Duty to have particular regard to advice
The Minister of Conservation must have particular regard to the advice given by Te Rūnanga o Ngāi Tahu pursuant to section 232
234: Exception with regard to Te Waihora joint management plan
Sections 232 233
235: Pikirakatahi (Mount Earnslaw)
1: If any part of the area presently included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown and becomes a conservation area and managed by the Department of Conservation, then such part of that area as—
a: is held under the Conservation Act 1987 Schedule 1
b: is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for the identification of sites which are mountains; and
c: is agreed by Te Rūnanga o Ngāi Tahu and the Crown— becomes part of the site known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 230 to 233 Gazette
2: As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)﻿(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the site known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette
236: Tokatā (The Nuggets)
1: If any part of the area described as the Islands sections 230 to 233 Gazette
2: As soon as reasonably practicable after any part of the Islands are confirmed to be in Crown ownership, the Minister of the Crown responsible for the department which manages that area must notify that confirmation, and the inclusion of that area as part of the site known as Tokatā (The Nuggets) pursuant to subsection (1), in the Gazette Tōpuni
237: Interpretation
In sections 238 to 253 Ngāi Tahu values Tōpuni National Parks Act 1980 Conservation Act 1987 Reserves Act 1977 section 238 sections 239 to 252
238: Declaration as Tōpuni
The areas described in Schedules 80 to 93
239: Description of Ngāi Tahu values
The Crown acknowledges the Ngāi Tahu values in relation to the Tōpuni, the texts of which are set out in Schedules 80 to 93
240: Actions by Minister of Conservation in Tōpuni
1: Te Rūnanga o Ngāi Tahu and the Crown may, from time to time, agree on specific principles which are directed at the Minister of Conservation avoiding harm to, or the diminishing of, the Ngāi Tahu values in relation to each Tōpuni.
2: Any principles agreed pursuant to subsection (1), and any amendments to such principles, must be notified by the Minister of Conservation in the Gazette
241: New Zealand Conservation Authority and conservation boards to have particular regard to Ngāi Tahu values
When the New Zealand Conservation Authority or any conservation board approves or otherwise considers any general policy, conservation management strategy, conservation management plan, or national park management plan in respect of a Tōpuni, it must have particular regard to—
a: the Ngāi Tahu values of the Tōpuni; and
b: any specific principles agreed, from time to time, between Te Rūnanga o Ngāi Tahu and the Crown pursuant to section 240
242: New Zealand Conservation Authority and relevant conservation boards to consult with Te Rūnanga o Ngāi Tahu
The New Zealand Conservation Authority or relevant conservation board must consult with Te Rūnanga o Ngāi Tahu and have particular regard to its views as to the effect on the Ngāi Tahu values of any policy, strategy, or plan referred to in section 241
243: Notification of Tōpuni
1: The Tōpuni declared by section 238
2: The initial identification and description of the Tōpuni in a conservation management strategy, conservation management plan, or national park management plan is for the purpose of public notice only and is not an amendment to the conservation management strategy, conservation management plan, or national park management plan for the purposes of section 17I section 46
3: The declaration of the Tōpuni in section 238 Gazette
244: Actions by Director-General
1: On notification by the Minister of Conservation in the Gazette section 240
2: The Director-General retains a complete discretion to determine the method and extent of the action referred to in subsection (1).
3: The Director-General must notify Te Rūnanga o Ngāi Tahu of what action the Director-General intends to take pursuant to subsections (1) and (2).
4: If requested in writing by Te Rūnanga o Ngāi Tahu, the Director-General must not take action in respect of the specific principles referred to in section 240
5: Without limiting subsection (2), the Director-General may, after consultation with the conservation boards affected, initiate an amendment of any relevant conservation management strategy, conservation management plan, or national park management plan to incorporate objectives relating to the specific principles referred to in section 240
6: Any amendment initiated pursuant to subsection (5) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
7: The Director-General may, at his or her discretion, notify in the Gazette
245: Regulations
1: The Governor-General may, on the recommendation of the Minister of Conservation, from time to time, by Order in Council, make regulations for the following purposes:
a: providing for the implementation of objectives included in conservation management strategies, conservation management plans, and national park management plans pursuant to section 244(5)
b: regulating or prohibiting activities or conduct by members of the public in a Tōpuni:
c: creating offences in respect of the contravention of any regulations made pursuant to paragraph (b), and providing for the imposition of fines not exceeding $5,000 for those offences.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 245(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
246: Bylaws
1: The Minister of Conservation may, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws for the following purposes:
a: providing for the implementation of objectives included in conservation management strategies, conservation management plans, and national park management plans pursuant to section 244(5)
b: regulating or prohibiting activities or conduct by members of the public in a Tōpuni:
c: creating offences in respect of the contravention of any bylaws made pursuant to paragraph (b), and providing for the imposition of fines not exceeding $1,000 for those offences.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 246(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
247: Existing classification of Tōpuni
Notwithstanding the declaration of a Tōpuni by section 238 section 248
248: Revocation of status
1: The Governor-General may, on the recommendation of the Minister of Conservation, by Order in Council declare that an area previously declared as Tōpuni is no longer a Tōpuni.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless Te Rūnanga o Ngāi Tahu and the Minister of Conservation have agreed in writing that Tōpuni status is no longer appropriate for the area concerned.
3: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 248(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
249: Purpose of declaration as Tōpuni
Without limiting sections 250 to 252 section 238 section 239
a: the agreement on specific principles pursuant to section 240
b: the requirement that the New Zealand Conservation Authority and conservation boards have particular regard to the Ngāi Tahu values and those specific principles, as provided in section 241
c: the requirement that the New Zealand Conservation Authority and conservation boards consult with Te Rūnanga o Ngāi Tahu and have particular regard to its views, as provided in section 242
d: the taking of action in respect of those specific principles as provided in section 244
250: Exercise of powers, duties, and functions
Except as expressly provided in sections 237 to 253
a: neither the declaration of Tōpuni by section 238 section 239
b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to the Ngāi Tahu values than that person or entity would give under the relevant statute, regulation, or bylaw, if no Tōpuni had been declared and no Ngāi Tahu values acknowledged.
251: Rights not affected
Except as expressly provided in sections 237 to 253 section 238 section 239
252: Limitation of rights
Except as expressly provided in sections 237 to 253 section 238 section 239
253: Pikirakatahi (Mount Earnslaw)
1: If any part of the area included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown and becomes a conservation area managed by the Department of Conservation, then such part of that area as—
a: is held under the Conservation Act 1987 Schedule 1
b: is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for identification of Tōpuni which are mountains; and
c: is agreed by Te Rūnanga o Ngāi Tahu and the Crown— becomes part of the Tōpuni known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 237 to 252 Gazette
2: As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)﻿(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the Tōpuni known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette Provision for Kahurangi pouwhenua
254: Pouwhenua
1: Notwithstanding section 49 Part 3B section 238
2: Te Rūnanga o Ngāi Tahu has responsibility for the pouwhenua.
3: Te Rūnanga o Ngāi Tahu may have access to the pouwhenua.
4: The Minister of Conservation may impose such terms and conditions as the Minister considers appropriate—
a: relating to the erection of the pouwhenua:
b: for the protection of the national park values of the area:
c: to avoid, remedy, or mitigate any adverse effects arising from erecting and maintaining the pouwhenua. Nohoanga entitlements
255: Interpretation
In sections 256 to 268 entitlement land holder section 260 land holding agent nohoanga entitlement section 256(1) and (2)
256: Creation and granting of nohoanga entitlements
1: The Crown may create and grant to Te Rūnanga o Ngāi Tahu renewable entitlements over Crown-owned land in the Ngāi Tahu claim area which meets the criteria set out in section 258
2: Nohoanga entitlements are created and granted for the purpose of permitting members of Ngāi Tahu Whānui to occupy temporarily land close to waterways on a non-commercial basis, so as to have access to waterways for lawful fishing and gathering of other natural resources.
3: The Crown must create and grant 72 nohoanga entitlements to Te Rūnanga o Ngāi Tahu for an initial term of 10 years—
a: in the form set out in Schedule 94
b: over the entitlement land identified in Schedule 95
c: on the terms and conditions (if any) set out in Schedule 95.
4: Nohoanga entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement land and approval of those surveys by the Surveyor-General
5: The Crown must take reasonable steps to complete the surveys of the entitlement land for the purpose of granting the nohoanga entitlements within 9 months after the settlement date, but in any event must complete the surveys no later than 12 months after the settlement date.
6: Unless terminated pursuant to section 265
7: Section 11 Part 10
8: Part 3B
9: The grant of a nohoanga entitlement pursuant to subsection (4) must be notified by the land holding agent in the Gazette
10: The Surveyor-General Gazette Section 256(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 256(10) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002
257: Vesting of entitlement land
1: At the Crown's discretion, the Crown may vest in Te Rūnanga o Ngāi Tahu an estate in fee simple in any entitlement land.
2: After consultation with Te Rūnanga o Ngāi Tahu and having had particular regard to its views, the Crown may impose such conditions as it considers necessary or desirable as to the ongoing management and administration of the surrounding area to the entitlement land, the fee simple estate in which is vested in Te Rūnanga o Ngāi Tahu pursuant to subsection (1).
3: The vesting of a fee simple estate in Te Rūnanga o Ngāi Tahu pursuant to subsection (1) discharges the Crown fully from its obligation to grant a nohoanga entitlement over that entitlement land or any replacement entitlement land.
4: The relevant land holding agent must, before a vesting pursuant to subsection (1), comply with any statutory or regulatory requirements and processes relating to the alienation of the relevant entitlement land by the Crown.
258: Type of land
The land over which a nohoanga entitlement is granted is to be determined by the land holding agent and the Minister of Māori Affairs in agreement with Te Rūnanga o Ngāi Tahu and must be land—
a: already in Crown ownership; and
b: of approximately 1 hectare in area (unless otherwise agreed in writing by those persons) and suitable for temporary occupation; and
c: situated sufficiently close to a waterway to permit convenient access to the waterway (normally land adjacent to the marginal strip or esplanade reserve or similar strip bordering the waterway itself); and
d: to which lawful access exists; and
e: where the existing practices and patterns of public use at the time the nohoanga entitlement is created are not unreasonably impaired by the granting of a nohoanga entitlement; and
f: the location of which does not unreasonably exclude public access to any waterway.
259: Rights attaching to nohoanga entitlements
1: The holder of a nohoanga entitlement has the right to occupy temporarily the entitlement land to the exclusion of any other person (other than agents of the Crown, or other persons empowered by statute, and undertaking their normal functions in relation to the land) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August).
2: The holder has the right to erect camping shelters or similar temporary dwellings during the period or periods that the right to occupy the entitlement land pursuant to subsection (1) is being exercised.
3: The holder must,—
a: when ceasing to exercise the right to occupy the entitlement land pursuant to subsection (1), remove camping shelters or temporary dwellings erected pursuant to subsection (2); and
b: leave the entitlement land in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation.
4: Notwithstanding subsection (3) but subject to subsections (5) to (8) and section 260(4) section 256(2)
5: The giving of consent by a land holding agent pursuant to subsection (4) is completely at the land holding agent's discretion and subject to such conditions as the land holding agent thinks fit.
6: Where entitlement land is land held under the Conservation Act 1987 Schedule 1
a: require an environmental impact report in relation to the proposed activities and an audit of that report at the holder's expense; and
b: impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement land and the surrounding land or on any wildlife.
7: When applying for a consent pursuant to subsection (4), the holder must provide to the land holding agent details of the proposed activities, including but not limited to,—
a: the effect of the activities on the entitlement land and, where the entitlement land is land held under the Conservation Act 1987 Schedule 1
b: any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects.
8: If the Crown has complied with its obligations pursuant to the nohoanga entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (4), whether on termination of the nohoanga entitlement or at any other time.
9: Part 3B
260: Obligations related to nohoanga entitlements
1: The existence and exercise of a nohoanga entitlement—
a: must not impede public access along a waterway; and
b: does not restrict the Crown's right to alienate either the entitlement land, land adjacent to the entitlement land, or land adjacent to the waterway next to which the entitlement land is situated.
2: If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement land, with the result that lawful access to the entitlement land no longer exists, the Crown must ensure that Te Rūnanga o Ngāi Tahu continues to have the same type of access to the entitlement land as existed prior to the alienation or change of classification or status, unless and until the nohoanga entitlement over that entitlement land is terminated pursuant to section 265
3: The Crown's obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements.
4: The holder, and the activities carried on by the holder on the entitlement land (including any work undertaken on the entitlement land pursuant to section 259(4) to (8)
5: In carrying out land and water management practices relating to the entitlement land, the land holding agent must—
a: have regard to the existence of the nohoanga entitlement; and
b: notify Te Rūnanga o Ngāi Tahu of any activity which may affect the holder; and
c: avoid unreasonable disruption to the holder.
6: Subject to subsection (5),—
a: a nohoanga entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with Te Rūnanga o Ngāi Tahu and having particular regard to its views, if necessary for reasons of management in accordance with the purposes for which the land over which the nohoanga entitlement has been granted is held; and
b: if a nohoanga entitlement is suspended pursuant to this subsection, the rights under that nohoanga entitlement may be exercised by the holder outside the entitlement period described in section 259(1)
7: The rights of Te Rūnanga o Ngāi Tahu under a nohoanga entitlement may be assigned by Te Rūnanga o Ngāi Tahu to any Papatipu Rūnanga.
8: Te Rūnanga o Ngāi Tahu must, before assigning any of its rights pursuant to subsection (7), give to the Crown written notice of its intention to assign its rights, including the contact details of the person or persons responsible for the receipt of notices in respect of the nohoanga entitlement.
9: An assignment by Te Rūnanga o Ngāi Tahu of any of its rights pursuant to subsections (7) and (8) is without prejudice to the Crown's rights, powers, and remedies against Te Rūnanga o Ngāi Tahu under the nohoanga entitlement.
10: Te Rūnanga o Ngāi Tahu or its assignee may grant sub-entitlements to members of Ngāi Tahu Whānui in respect of each nohoanga entitlement.
11: A sub-entitlement granted pursuant to subsection (10) must be consistent with the terms of the nohoanga entitlement in respect of which it is granted.
12: The Crown's obligations to notify Te Rūnanga o Ngāi Tahu of any matter pursuant to a nohoanga entitlement do not extend to any holder of a sub-entitlement granted pursuant to subsection (10).
13: On termination of a nohoanga entitlement, any sub-entitlement granted pursuant to subsection (10) is automatically terminated.
14: The holder of a nohoanga entitlement has rights of enforcement of the nohoanga entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement land.
15: Nohoanga entitlements are subject to—
a: such other special terms and conditions as the Crown reasonably requires to give effect to sections 255 to 268
b: such variations as may be agreed by the land holding agency and Te Rūnanga o Ngāi Tahu to the provisions of section 259 which are contained in each particular nohoanga entitlement.
261: Boundaries of entitlement land
The boundaries of entitlement land must be defined by 1 or more of the following methods:
a: by references to any plan lodged in the office of the Surveyor-General Surveyor-General
b: by reference to any existing survey plan:
c: in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General. Section 261(a) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002
262: Section 44 of Reserves Act 1977 not to apply
Section 44
263: Rates
The grant of a nohoanga entitlement is not a lease, licence, or other agreement for the purposes of note 2 of Part 1 Section 263 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
264: Targeted rates
Te Rūnanga o Ngāi Tahu is liable to pay targeted rates under section 9 section 259(1) Section 264 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
265: Termination of nohoanga entitlements
1: The Crown may terminate a nohoanga entitlement if—
a: the Crown alienates the entitlement land during the term of a nohoanga entitlement; or
b: the entitlement land is destroyed or permanently detrimentally affected by any natural cause; or
c: it is a condition of the nohoanga entitlement that the entitlement land is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or
d: subject to section 260(2)
2: On termination of a nohoanga entitlement pursuant to subsection (1), unless the fee simple estate in the entitlement land has been vested in Te Rūnanga o Ngāi Tahu pursuant to section 257
3: A site over which a replacement nohoanga entitlement is granted pursuant to subsection (2) must—
a: meet the criteria set out in sections 256(1) 258 260(1)
b: be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement land, prior to entry into the deed of settlement.
4: If the holder of a nohoanga entitlement defaults in performing any of the holder's obligations pursuant to the nohoanga entitlement, and—
a: the default is capable of remedy, the Crown may give written notice to Te Rūnanga o Ngāi Tahu specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or
b: the default is not capable of remedy, the Crown may immediately terminate the nohoanga entitlement by notice in writing to Te Rūnanga o Ngāi Tahu.
5: Unless within 41 business days after the giving of notice pursuant to subsection (4)﻿(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately terminate the nohoanga entitlement by notice in writing to Te Rūnanga o Ngāi Tahu.
6: If a nohoanga entitlement is terminated pursuant to subsection (4)﻿(b) or subsection (5), Te Rūnanga o Ngāi Tahu may apply to the Minister of Māori Affairs for a replacement nohoanga entitlement, after the expiry of 2 years from the date of termination.
266: Purpose of creation of nohoanga entitlements
Without limiting sections 267 268 section 256(2)
267: Rights not affected
Except as expressly provided in sections 255 to 268
268: Limitation of rights
Except as expressly provided in sections 255 to 268 Place names
269: Amendment of place names on official maps
1: Each place name in column 1 of Schedule 96
2: The amendments made by subsection (1) are deemed to have been made with the approval of the New Zealand Geographic Board and in accordance with the New Zealand Geographic Board Act 1946
270: Encouragement of use of original Māori place names
Section 270 repealed 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
271: Reinstatement of name of Kaiapoi Pā
Amendment(s) incorporated in the Act(s) Appointments to statutory boards
272: New Zealand Conservation Authority
1: Amendment(s) incorporated in the Act(s)
2: The person to be appointed pursuant to section 6D(1)﻿(ca)
273: Membership of Conservation Boards
1: Amendment(s) incorporated in the Act(s)
2: The persons to be appointed pursuant to section 6P(7B)﻿(a) and (7C)﻿(a)
274: Guardians of Lakes Manapōuri, Monowai, and Te Anau
(1), (2): Amendment(s) incorporated in the Act(s)
3: The person to be appointed on the nomination of Te Rūnanga o Ngāi Tahu pursuant to section 6X(1A)
275: Guardians of Lake Wanaka
1: Amendment(s) incorporated in the Act(s)
2: The person to be appointed on the nomination of Te Rūnanga o Ngāi Tahu pursuant to section 5(1A)
276: New Zealand Geographic Board
Amendment(s) incorporated in the Act(s) Te Rūnanga o Ngāi Tahu to be adviser to Fish and Game Councils
277: Interpretation
In sections 278 to 280 native game birds
a: Maunu/Pārera (Grey duck— Anas superciliosa
b: Pākura/Pūkeko (Pūkeko— Porphyrio porphyrio
c: Pūtakitaki (Paradise shelduck— Tadorna variegata
d: Tētē (Shoveller— Anas rhynochotis
278: Appointment as statutory adviser
Te Rūnanga o Ngāi Tahu is appointed as a statutory adviser to each Fish and Game Council whose region falls wholly or partly within the boundaries of the Ngāi Tahu claim area, in respect of the matters referred to in section 279
279: Function of statutory adviser
Pursuant to its appointment as a statutory adviser under section 278
a: any decision by that Fish and Game Council to formulate and recommend to the New Zealand Fish and Game Council conditions for hunting seasons for native game birds in accordance with the Conservation Act 1987 Wildlife Act 1953
b: the preparation in accordance with the Conservation Act 1987
280: Duty to have particular regard to advice
A Fish and Game Council to which Te Rūnanga o Ngāi Tahu provides advice pursuant to section 279 Department of Conservation protocols
281: Interpretation
In this Part, the term protocol
a: how the Department of Conservation will exercise its functions, powers, and duties in relation to specified matters within the Ngāi Tahu claim area; and
b: how the Department of Conservation will, on a continuing basis, interact with Te Rūnanga o Ngāi Tahu and provide for Te Rūnanga o Ngāi Tahu's input into its decision-making process.
282: Authority to issue, amend, or cancel protocols
1: The Minister of Conservation may, from time to time, issue, amend, and cancel protocols.
2: Protocols may be amended or cancelled pursuant to subsection (1) at the initiative of either the Minister of Conservation or Te Rūnanga o Ngāi Tahu.
3: The Minister of Conservation may amend or cancel protocols pursuant to this section only after consulting Te Rūnanga o Ngāi Tahu and having particular regard to its views.
4: As soon as reasonably practicable after the issue, amendment, or cancellation of a protocol, the Minister of Conservation must notify such issue, amendment, or cancellation in the Gazette
283: Protocols subject to Crown obligations
Protocols are issued and amended, subject to, and without restriction upon,—
a: the obligations of the Minister of Conservation and the Department of Conservation to discharge their respective functions, powers, and duties in accordance with existing law and government policy from time to time; and
b: the Crown's powers to amend policy, and introduce legislation amending existing law.
284: Noting of protocols
1: The existence of protocols, once issued, and as amended from time to time, including the definition of protocols as set out in section 281
2: Noting of protocols pursuant to subsection (1) is for the purpose of public notice only and is not an amendment to the relevant strategies or plans for the purposes of section 17I section 46
285: Enforceability of protocols
1: The Minister of Conservation must comply with a protocol as long as it remains in force.
2: If the Minister of Conservation fails unreasonably to comply with a protocol, Te Rūnanga o Ngāi Tahu may, subject to the Crown Proceedings Act 1950
3: Notwithstanding subsection (2), damages are not available as a remedy for failure to comply with a protocol.
4: This section does not apply to any guidelines developed pursuant to a protocol.
286: Limitation of rights
Except as expressly provided in sections 283 to 285 Conservation Act 1987 Schedule 1 Taonga species
287: Interpretation
In sections 288 to 296 recovery plan section 41(1)﻿(e) species recovery group taonga species Schedule 97 threatened species endangered species Molloy and Davis—Setting Priorities for the Conservation of New Zealand's Threatened Plants and Animals, Second Edition, October 1994, Department of Conservation
288: Special association with taonga species acknowledged
The Crown acknowledges the cultural, spiritual, historic, and traditional association of Ngāi Tahu with the taonga species.
289: Purpose of acknowledgement
Without limiting sections 290 to 292 section 288 sections 293 294
290: Exercise of powers, duties, and functions
Except as expressly provided in sections 288 to 296
a: the acknowledgement made in section 288
b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu's association to the taonga species than that person or entity would give under the relevant statute, regulation, or bylaw if no acknowledgement had been made by the Crown of that association to the taonga species.
291: Rights not affected
Except as expressly provided in sections 288 to 296
292: Limitation of rights
Except as expressly provided in sections 288 to 296
293: Species management of all taonga species
The Crown having acknowledged the special association of Ngāi Tahu to the taonga species in section 288
a: advise Te Rūnanga o Ngāi Tahu in advance of any relevant conservation management strategy reviews or the preparation of any statutory or non-statutory plans, policies, or documents (including any amendments or reviews) relating to a taonga species; and
b: consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu when the Minister makes policy decisions concerning the protection, management, or conservation of a taonga species, including—
i: recommendations to the Governor-General in Council for the promulgation of any regulations under any enactment; or
ii: the preparation of any plans or publications for the advancement, conservation, management, or control of a taonga species pursuant to section 41(1)﻿(e)
iii: proposals for the transfer of a taonga species into or from the Ngāi Tahu claim area or methods of control or protection of a taonga species.
294: Species recovery groups
The Crown having acknowledged the special association of Ngāi Tahu with the taonga species in section 288
a: provide Te Rūnanga o Ngāi Tahu with copies of the proceedings and publications of any relevant species recovery group for that taonga species; and
b: consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu when the Director-General makes policy decisions concerning the protection, management, or conservation of all taonga species subject to a species recovery group, including—
i: recommendations to the Minister of Conservation in respect of the promulgation of any regulations under any enactment; or
ii: the preparation of any plans or publications for the advancement, conservation, management, or control of a taonga species pursuant to section 41(1)﻿(e)
iii: proposals for the transfer of a taonga species into or from the Ngāi Tahu claim area or methods of control or protection of a taonga species; and
c: invite Te Rūnanga o Ngāi Tahu to nominate a person to join any relevant species recovery group for a taonga species which exists or existed solely or predominantly within the Ngāi Tahu claim area; and
d: in the case of kākāpō, hoiho (yellow-eyed penguin), kakī (black stilt), mohua (yellowhead), takahē, tīeke (South Island saddleback), and rāpoka/whakahao (New Zealand sea lion), invite Te Rūnanga o Ngāi Tahu to nominate a person to join the species recovery groups for those taonga species.
295: Notice of establishment of species recovery groups
The Director-General must give Te Rūnanga o Ngāi Tahu reasonable advance notice of the establishment of a species recovery group in respect of a taonga species.
296: Possession of specimens of wildlife
1: In this section,— sale Wildlife Act 1953 specimens section 3 section 5
2: Notwithstanding anything to the contrary contained or implied in the Wildlife Act 1953 Wildlife Regulations 1955
3: Possession of specimens may be transferred between members of Ngāi Tahu Whānui by way of gift, bequest, or other non-commercial transfer but specimens may not be transferred by way of sale, whether to other members of Ngāi Tahu Whānui or to any other person or entity.
4: This section does not permit or authorise the hunting or killing of wildlife other than in accordance with the Wildlife Act 1953 Customary fisheries
297: Interpretation
In sections 298 to 311 freshwater section 2 freshwater fish section 2 individual transferable quota section 2 non-commercially harvested species section 306(1) QMA section 2 section 2 QMS section 2 section 2 quota section 307 Shellfish Species Part B Shellfish Species TACC section 49(3) South Island fisheries waters taonga fish species Part A total allowable commercial catch sections 20 21
298: Special association with taonga fish species acknowledged
The Crown acknowledges the cultural, spiritual, historic, and traditional association of Ngāi Tahu with the taonga fish species.
299: Purpose of acknowledgement
Without limiting sections 300 to 302 section 298 sections 303 304
300: Exercise of powers, duties, and functions
Except as expressly provided in sections 303 304
a: the acknowledgement made in section 298
b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu's association to the taonga fish species than that person or entity would give under the relevant statute, regulation, or bylaw, if no acknowledgement had been made by the Crown of that association to the taonga fish species.
301: Rights not affected
Except as expressly provided in sections 303 to 311 section 298
302: Limitation of rights
Except as expressly provided in sections 303 to 311 section 298
303: Management of taonga fish species under Fisheries Act 1983 and Fisheries Act 1996
1: The Crown having acknowledged the special association of Ngāi Tahu to the taonga fish species in section 298
a: consult with Te Rūnanga o Ngāi Tahu in its capacity as an advisory committee appointed pursuant to clause 12.14.7 of the deed of settlement; and
b: recognise and provide for the association of Ngāi Tahu with the taonga fish species, consistent with the overall objectives of the Fisheries Act 1983 Fisheries Act 1996
2: Subsection (1) applies only to the extent that the Minister of Fisheries is responsible for the taonga fish species.
304: Management of taonga fish species under Conservation Act 1987
1: The Crown having acknowledged the special association of Ngāi Tahu to the taonga fish species in section 298
2: Subsection (1) does not derogate from the obligations of the Minister of Conservation under section 4 Treaty of Waitangi
305: Amendments to Conservation Act 1987 regarding Māori fishing rights
Amendment(s) incorporated in the Act(s)
306: Non-commercially harvested species
1: In this section, non-commercially harvested species
a: Kākahi/Koaru (Freshwater mussels— Unio menziesi
b: Kanakana/Ute (Southern lamprey— Geotria australis
c: Karengo (Karengo/Nori— Porphyra columbina
d: Karengo (Sea lettuce— Ulva
e: Rimurapa (Bull kelp— Durvillee
f: Toheroa/Tupehokura (Toheroa— Paphies ventricosum
g: Waikōura (Freshwater crayfish— Paranephrops
2: Amendment(s) incorporated in the regulations
3: Amendment(s) incorporated in the regulations
4: Amendment(s) incorporated in the regulations
307: Right of first refusal to purchase quota
1: Te Rūnanga o Ngāi Tahu has a right of first refusal to purchase from the Crown a proportion of the total allowable commercial catch of a Shellfish Species made subject to a QMS.
2: The proportion of the total allowable commercial catch for which Te Rūnanga o Ngāi Tahu has a right of first refusal pursuant to subsection (1) is the lesser of the following quantities:
a: 40% of the total allowable commercial catch for the Shellfish Species in respect of any QMA in the Ngāi Tahu claim area:
b: the quantity of quota allocated to the Crown pursuant to section 49(3)
3: If only part of a QMA is in the Ngāi Tahu claim area, the proportion of the total allowable commercial catch for the purposes of subsection (2) is 40% of the proportion of the total allowable commercial catch that relates to the part of the QMA in the Ngāi Tahu claim area.
4: The price, terms, and conditions for a purchase under subsection (1) are to be set by the Crown.
5: The process for a purchase pursuant to subsection (1) will, subject to the process set out in clauses 12.14.18 and 12.14.19 of the deed of settlement, as quoted in Schedule 99
6: The Minister of Fisheries and Te Rūnanga o Ngāi Tahu may agree in writing to amend the terms of the process quoted in Schedule 99 Gazette
308: Exceptions to right of first refusal
The right of first refusal in section 307
a: does not apply in respect of any provisional individual transferable quota allocated to the Crown pursuant to section 49
b: does not apply in respect of any individual transferable quota acquired by any means by the Crown after the initial allocation of individual transferable quota; and
c: does not require the Crown to purchase any provisional catch history or other catch rights pursuant to section 37
309: Aggregation rules in respect of right of first refusal
To the extent that the aggregate of—
a: the percentage of quota purchased by Te Rūnanga o Ngāi Tahu pursuant to the right of first refusal provided for in section 307
b: any percentage of quota received by Te Rūnanga o Ngāi Tahu from the Treaty of Waitangi Fisheries Commission— exceeds limits on aggregation of holding quota under section 28W section 59 section 60
310: Temporary closure of fishing area or restriction on fishing methods
Amendment(s) incorporated in the Act(s)
311: Temporary closure of fisheries
Amendment(s) incorporated in the Act(s) Coastal management
312: Interpretation
In section 314 subject areas Schedules 100 to 104
313: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with the subject areas, the texts of which are set out in Schedules 100 to 104
314: Subject areas
The subject areas are statutory areas for the purposes of sections 205 207 to 211 section 215(a), (b), and (d) sections 217 to 220 Coastal tendering
315: Interpretation
In sections 316 to 320 authorisation section 151 coastal marine area section 2(1)
316: Te Rūnanga o Ngāi Tahu's right to purchase authorisations
1: If the Minister of Conservation offers by tender, pursuant to section 157 section 317
2: The proportion of authorisations that Te Rūnanga o Ngāi Tahu has a preferential right to purchase pursuant to subsection (1) must,—
a: in area, not exceed (together with the area of any authorisations already granted to Te Rūnanga o Ngāi Tahu pursuant to this Part) 10% of the area of the authorisations granted or proposed to be granted by the Minister of Conservation in that tender round pursuant to section 161
b: in terms of the relevant portions of the coastal marine area, be of not less than fair average quality relative to the quality of those portions for all other authorisations that are the subject of the tender round.
3: The limitation in subsection (2)﻿(a) may be exceeded to the extent that the size and shape of the particular portion of the coastal marine area concerned make it impracticable to comply with the limitation.
317: Exercise of right to purchase authorisations
1: The process for exercise of the preferential right to purchase authorisations pursuant to section 316 Schedule 105
2: The Minister of Conservation and Te Rūnanga o Ngāi Tahu may agree in writing to amend the terms of the process quoted in Schedule 105 Gazette
318: Te Rūnanga o Ngāi Tahu deemed to have made tender
1: For the purposes of this Part and sections 159 to 161 section 316 section 158
2: If, in response to an offer by tender referred to in section 316(1)
319: Resource Management Act 1991 not affected
Except as provided in sections 315 to 318 sections 151 to 162
320: Sections 315 to 318 not to affect or create rights on coastal marine areas
Except as provided in sections 315 to 318
a: affects the lawful rights or interests of persons who are not parties to the deed of settlement in relation to a coastal marine area; or
b: grants, creates, or evidences an estate or interest in, or rights of any kind, relating to a coastal marine area.
13: Specific sites
321: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 13 (specific sites) of the deed of settlement
322: Effective date of matters set out in this Part
Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date.
323: Interpretation
In this Part, Minister Arahura Valley
324: Interpretation
In sections 325 326 legal roads Schedule 106 top section Schedule 106 Waitaiki Historic Reserve section 326(2)﻿(a)
325: Stopping and vesting legal roads
1: The legal roads are stopped.
2: The fee simple estate in the legal roads is vested in the Māwhera Incorporation as Māori freehold land.
3: The vesting by subsection (2) is subject to the encumbrances relating to the legal roads described in Schedule 106
4: For the purposes of section 471 Part 4A
326: Creation and management of Waitaiki Historic Reserve
1: The top section ceases to be a conservation area.
2: The top section is deemed to be—
a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977
b: vested in the Māwhera Incorporation pursuant to section 26 Schedule 107
c: named the Waitaiki Historic Reserve section 16(10)
3: The quoting in Schedule 107 section 26(2)
4: In relation to the Waitaiki Historic Reserve, the Māwhera Incorporation is an administering body for the purposes of the Reserves Act 1977 Rarotoka
327: Rarotoka to be vested in Te Rūnanga o Ngāi Tahu as Māori freehold land
1: In this section, Rarotoka Schedule 106
2: The fee simple estate in Rarotoka is vested in Te Rūnanga o Ngāi Tahu as Māori freehold land.
3: For the purposes of section 471 Part 4A Whenua Hou
328: Interpretation
In sections 329 to 332 Codfish Island Nature Reserve Schedule 106 committee section 331(1) Whenua Hou
329: Change of name of Codfish Island Nature Reserve
The name of Codfish Island Nature Reserve is deemed to be changed to Whenua Hou Nature Reserve section 16(10)
330: Whenua Hou Nature Reserve to include adjacent islets and stacks
The islets and stacks adjacent to the Whenua Hou Nature Reserve, as shown on Allocation Plan SS 431 (SO 12251), are—
a: deemed to be declared a reserve, and classified as a nature reserve, pursuant to section 16
b: added to and become part of the Whenua Hou Nature Reserve.
331: Southland Conservation Board to appoint committee in respect of Whenua Hou
1: Within 6 months from the settlement date, the Southland Conservation Board must appoint, pursuant to section 6N(2)﻿(b)
a: 1 representative of each of the 4 Southland Papatipu Rūnanga, being Waihopai Rūnaka, Te Rūnanga o Awarua, Te Rūnanga o Oraka Aparima, and Hokonui Rūnaka; and
b: 4 members of the Southland Conservation Board.
2: The failure of any of the 4 Southland Papatipu Rūnanga or of the Southland Conservation Board to put forward representatives or members for appointment to the committee pursuant to subsection (1) does not affect the obligation of the Southland Conservation Board to appoint the committee, the validity of the committee, or the exercise by the committee of its functions.
3: The reasonable costs and expenses incurred by the committee in exercising the functions and obligations conferred upon it by this section must be paid for by the Crown as soon as reasonably practicable after application by the committee to the Director-General of Conservation.
4: The committee may advise the Southland Conservation Board, the New Zealand Conservation Authority, and the Minister on all matters relating to the control and management of Whenua Hou.
5: The Southland Conservation Board, the New Zealand Conservation Authority, and the Minister must consult with, and have particular regard to, the views of the committee, whenever it is practicable to do so, on all matters relating to the control and management of Whenua Hou.
6: The committee must, after consultation with the Director-General of Conservation, prepare a policy in accordance with section 20 section 57
7: Pursuant to section 6N(2)﻿(b)
332: Statutory acknowledgement for Whenua Hou
1: The Crown acknowledges the statement made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with Whenua Hou, the text of which is set out in Schedule 108
2: Sections 205 207 to 220
a: a statutory acknowledgement in those sections were a reference to the acknowledgement made by the Crown by virtue of subsection (1) in respect of Whenua Hou, and on the terms set out in sections 207 to 220
b: statutory areas in those sections were a reference to Whenua Hou. Crown Tītī Islands
333: Interpretation
In sections 334 to 337 commencement date Crown Tītī Islands Schedule 106 Rakiura Māori Rakiura Tītī Committee regulation 7(1)﻿(c)
334: Crown Tītī Islands vested in Te Rūnanga o Ngāi Tahu
1: The Crown Tītī Islands cease to be a conservation area.
2: The fee simple estate in the Crown Tītī Islands is vested in Te Rūnanga o Ngāi Tahu.
3: For the purposes of section 471 Part 4A
335: Interim management of Crown Tītī Islands as if conservation area
Notwithstanding section 334
a: neither Te Rūnanga o Ngāi Tahu, nor the Crown will undertake any activity that would prejudice—
i: the customary rights of Rakiura Māori to take tītī on a sustainable basis; or
ii: the control and management of the Crown Tītī Islands in accordance with clause 13.6 of the deed of settlement; and
b: the management will be undertaken in accordance with the Titi (Muttonbird) Islands Regulations 1978
c: section 334 sections 36 to 47
336: Control and management of Crown Tītī Islands
1: As soon as practicable after the Minister is notified, in accordance with clause 13.6.3 of the deed of settlement, of the persons selected by the Rakiura Tītī Committee and Te Rūnanga o Ngāi Tahu in accordance with that clause, the Minister must, by notice in the Gazette section 2
2: On the commencement date, the administering body appointed pursuant to subsection (1) is deemed to be appointed by the Minister pursuant to section 38(2) Schedules 109 110
3: The control and management of the Crown Tītī Islands in accordance with subsection (2) is subject to the customary rights of Rakiura Māori to take tītī on a sustainable basis, so that those rights are not in any way adversely affected by the control and management of the Crown Tītī Islands in accordance with that subsection.
4: The agreement and approval of Te Rūnanga o Ngāi Tahu in clause 13.6.9 of the deed of settlement to the control and management of the Crown Tītī Islands in accordance with subsection (2) is sufficient for the purposes of section 38(2)
5: The approval of the Minister of Conservation to the control and management of the Crown Tītī Islands in accordance with subsection (2) is deemed to be given for the purposes of section 38(2)
6: The quoting in Schedules 109 110 section 38(2)
7: Except as otherwise provided in this section, the administering body appointed pursuant to subsection (1) may exercise all the functions and powers of an administering body under the Reserves Act 1977
8: The administering body appointed pursuant to subsection (1) may make bylaws relating to the management of the Crown Tītī Islands in accordance with clause 13.6 of the deed of settlement.
9: The Crown must, each year, pay those costs of the administering body appointed pursuant to subsection (1)—
a: that are set out in an annual budget for that year that has been approved by the Minister; and
b: that relate to the control and management of the Crown Tītī Islands as if they were a nature reserve.
337: Amendments to Titi (Muttonbird) Islands Regulations 1978
(1), (2): Amendment(s) incorporated in the regulations
3: The Minister must, as soon as practicable, advise by notice in the Gazette
14: Ancillary claims
338: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 14 (ancillary claims) of the deed of settlement
339: Intepretation
In this Part, unless the context otherwise requires,— ancillary claims section 14 of the deed of settlement sections 342 to 347 sections 454 to 456 ancillary claims trustees beneficiary claim property customary fishing entitlement section 372(1) and (2) Fenton entitlement section 355(1) and (2) Ngāi Tahu ancillary claims trust section 342 successors
a: all persons entitled to succeed to the interest of any deceased beneficiary, determined as if section 109
b: where no person is primarily entitled to succeed to a deceased beneficiary, the persons determined as if section 114 trust deed Vesting of properties
340: Effective date of matters set out in this Part
Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is 30 business days after the settlement date.
341: Delayed vesting of certain properties
1: In this section, delayed vesting properties
a: the Kaikōura town section (as defined in section 351
b: the Kaikōura suburban site (as defined in section 351
c: the Arawhata site (No 1) (as defined in section 395
d: the Waimumu site (No 2) (as defined in section 416
e: the Waimumu site (No 3) (as defined in section 416
f: the Invercargill site (as defined in section 421
2: Each of the delayed vesting properties is vested in the ancillary claims trustees on the earlier of the following days:
a: the day that is 30 business days after the settlement date (if the Crown has title to the delayed vesting property concerned at that date):
b: the business day following the date upon which the Crown acquires title to the delayed vesting property concerned, being not later than 6 months after the settlement date:
c: if the Crown does not have title and is unable to acquire title to the delayed vesting property concerned in accordance with paragraph (b), the business day following the completion of the procedure set out in section 21
3: The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after each of the delayed vesting properties is vested in the ancillary claims trustees, advise by notice in the Gazette Ngāi Tahu Ancillary Claims Trust
342: Ngāi Tahu ancillary claims trust to be established
1: The Crown must establish a trust, to be known as the Ngāi Tahu Ancillary Claims Trust, on or before the date which is 25 business days after the settlement date.
2: The terms of the trust deed under which the Ngāi Tahu ancillary claims trust is established are those specified in attachment 14.1 of the deed of settlement.
3: Claim property vested in the ancillary claims trustees by this Part or sections 454 to 456
343: Funding of Ngāi Tahu ancillary claims trust
1: The Crown must provide funds to the ancillary claims trustees in accordance with clause 6 of the trust deed.
2: Funds provided to the ancillary claims trustees under subsection (1) are to be held subject to the terms of the trust deed.
344: Identification of beneficiaries by ancillary claims trustees
The ancillary claims trustees must undertake the process described in attachment 14.2 of the deed of settlement.
345: Jurisdiction of Maori Land Court extended
The Maori Land Court has jurisdiction for the purposes of attachment 14.2 of the deed of settlement to take the following actions:
a: on the application of the ancillary claims trustees, confirm the final list of beneficiaries pursuant to paragraph 13 of that attachment:
b: hear and determine objections to the final list of beneficiaries pursuant to paragraph 16 of that attachment:
c: amend the final list of beneficiaries pursuant to paragraph 17 of that attachment:
d: on the application of the ancillary claims trustees, call a meeting of beneficiaries pursuant to paragraph 18 of that attachment.
346: Vesting of claim property that is subject to Ngāi Tahu ancillary claims trust
1: The Maori Land Court has the jurisdiction to make, on the application of the ancillary claims trustees once the prerequisites set out in attachment 14.2 of the deed of settlement have been satisfied, vesting orders in relation to claim property for the purpose of paragraph 21 of that attachment.
2: The Maori Land Court has the jurisdiction to make, on the application of the ancillary claims trustees once the prerequisites set out in clause 5.2 of attachment 14.1 of the deed of settlement have been satisfied, vesting orders in relation to claim property for the purpose of that clause.
3: The Maori Land Court has jurisdiction to make vesting orders pursuant to subsections (1) and (2) notwithstanding the fact that a claim property subject to the vesting order is not Māori freehold land belonging to an estate to which Part 4
347: Subsequent inclusion in vesting order
1: Once a vesting order has been made pursuant to section 346(1) section 18
2: A person may apply to the Maori Land Court pursuant to subsection (1) notwithstanding the fact that the claim property subject to the vesting order is not Māori freehold land belonging to an estate to which Part 4
3: The Maori Land Court has the jurisdiction to hear and determine an application made pursuant to subsection (1) and, if it finds in favour of the applicant and it considers it is just and equitable to do so in the circumstances, may, by order of the court,—
a: make the applicant a party to the vesting order made in relation to the relevant claim property; and
b: entitle that applicant to share in the holding of the claim property in whatever form that may take; and
c: entitle that applicant to the share of the claim property which he or she ought to have received; and
d: adjust the interests of other relevant beneficiaries in that claim property in accordance with the Maori Land Court's findings.
348: Ngāi Tahu Ancillary Claims Trust an organisation named or described in Schedule 4 of Public Finance Act 1989
1: The Ngāi Tahu Ancillary Claims Trust is an organisation named or described in Schedule 4
2: To avoid doubt, the obligations of the Ngāi Tahu Ancillary Claims Trust under the Public Finance Act 1989 Section 348 substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004
349: Auditor-General to be auditor of Trust
The Ngāi Tahu Ancillary Claims Trust is a public entity as defined in section 4 Section 349 substituted 1 July 2001 section 53 Public Audit Act 2001
350: Ngāi Tahu Ancillary Claims Trust to be Crown entity
Section 350 repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Claim 1 (Waiharakeke J and Ōmihi K); claim 2 (Mangamaunu A)
351: Vesting of Kaikōura town section and Kaikōura suburban site
1: In this section, Kaikōura town section Kaikōura suburban site Schedule 111
2: The fee simple estate in each of the Kaikōura town section and the Kaikōura suburban site is vested in the ancillary claims trustees. Claim 101 (Kaikōura E)
352: Interpretation
In section 353 Trustees of the Takahanga Marae section 338
353: Vesting of Takahanga Pā site (No 2)
1: In this section, Takahanga Pā site (No 1) Takahanga Pā site (No 2) Schedule 111
2: The fee simple estate in the Takahanga Pā site (No 2) is vested in the trustees of the Takahanga Marae.
3: The Takahanga Pā site (No 2) is deemed to—
a: be included in the Māori reservation described in this section as Takahanga Pā site (No 1); and
b: form part of that reservation accordingly,— as if it were declared to be included in, and to form part of, that reservation by section 338(2)
4: Subsections (2) and (3) take effect on the settlement date. Claim 3 (Taerutu); claim 4 (Waimaiaia); claim 5 (Torotoroa); claim 6 (Te Aka Aka); and claim 10 (Pukatahi and Te Houriri)
354: Interpretation
In sections 355 to 370 entitlement land Fenton reserves holder section 344 land holding agent representative body section 357
355: Creation and granting of Fenton entitlements
1: The Crown may create and grant to the ancillary claims trustees, or a holder, entitlements over Crown-owned land in the Ngāi Tahu claim area, other than land in a national park, a marginal strip, a nature reserve, an esplanade reserve, a scientific reserve, or that part of an unformed legal road (including a road reserve) within 20 metres of a waterway, which, for the purposes of section 359
2: Fenton entitlements are created and granted for the purpose of permitting the holders to occupy temporarily land close to waterways, so as to have access to waterways for lawful fishing and gathering of other natural resources.
3: The Crown must create and grant to the ancillary claims trustees 1 Fenton entitlement for each of the 6 Fenton reserves—
a: in the form set out in Schedule 112
b: over the entitlement land identified in Schedule 113
c: on the terms and conditions (if any) set out in Schedule 113
4: Fenton entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement land and approval of those surveys by the Surveyor-General
5: Unless suspended pursuant to section 356
6: Section 11 Part 10
7: Part 3B
8: The grant of a Fenton entitlement pursuant to subsection (3) must be notified by the land holding agent in the Gazette
9: The Surveyor-General Gazette Section 355(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 355(9) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002
356: Stopping of legal road
1: In this section, Te Houriri site Schedule 111
2: The legal road on the Te Houriri site is stopped on the settlement date.
357: Representative body of holders of Fenton entitlement
1: The holders of a Fenton entitlement must, within 6 months of the vesting order made by the Maori Land Court in relation to the Fenton entitlement pursuant to section 346(1)
2: The Crown may, after taking reasonable steps to notify the holders of their obligations under subsection (1), suspend a Fenton entitlement if, and for so long as, the holders of a Fenton entitlement do not comply with that subsection.
3: At the meeting of the holders of a Fenton entitlement held pursuant to paragraph 18 of attachment 14.2 of the deed of settlement, the form that the representative body is to take must be put forward for consideration and resolution by those holders in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995
4: If the holders of a Fenton entitlement do not make a decision in accordance with subsection (3), they are deemed to have chosen—
a: the option which received the most votes in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995
b: if no votes are cast, an ahu whenua trust constituted pursuant to subsection (3).
5: If subsection (4)﻿(b) applies,—
a: the holders of the Fenton entitlement must nominate up to 10 holders of that Fenton entitlement to be the trustees of an ahu whenua trust; and
b: the trust property of the ahu whenua trust is the Fenton entitlement to be granted to the holders; and
c: the ahu whenua trust is constituted on the day following the nomination of holders pursuant to paragraph (a) as if it were constituted pursuant to section 215
6: For the purposes of sections 355 to 370
7: The representative body must, as soon as practicable after it is established, notify the Maori Land Court of its form, and an address to which communications to the holders may be sent or delivered.
8: Solely for the purposes of allowing for the establishment and operation of a representative body, Fenton entitlements are deemed to be a property interest capable of being held by the representative body.
358: Maori Land Court to open and maintain registers of holders
1: The Maori Land Court must, from the date of the vesting order made by the Maori Land Court for each Fenton entitlement pursuant to section 346(1)
2: If there are more than 50 holders of a Fenton entitlement, the Maori Land Court must, unless the register is in such form as to constitute in itself an index, keep an accurate index of the names of the holders, containing a sufficient indication to enable the location of the entry in the register relating to each holder.
3: The Maori Land Court must keep a record of the representative body of a Fenton entitlement, as notified to it pursuant to section 357(7)
4: The register must, during office hours, be open to public inspection on payment of the fee, if any, prescribed in respect of such inspection.
359: Replacement of entitlement land
The land over which Fenton entitlements may be granted, in order to replace entitlement land over which a Fenton entitlement has been granted pursuant to section 355(3)
a: already in Crown ownership; and
b: of approximately 1 hectare in area (unless otherwise agreed in writing by those persons) and suitable for temporary occupation; and
c: situated sufficiently close to a waterway to permit convenient access to the waterway (normally land adjacent to the marginal strip or esplanade reserve or similar strip bordering the waterway itself); and
d: to which lawful access exists; and
e: where the existing practices and patterns of public use at the time the Fenton entitlement is created are not unreasonably impaired by the granting of a Fenton entitlement; and
f: the location of which does not unreasonably exclude public access to any waterway.
360: Rights attaching to Fenton entitlements
1: The holder of a Fenton entitlement has the right to occupy temporarily the entitlement land to the exclusion of any other person (other than agents of the Crown or other persons empowered by statute, and undertaking their normal functions in relation to the land) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August).
2: The holder has the right to erect camping shelters or similar temporary dwellings during the period or periods that the right to occupy the entitlement land pursuant to subsection (1) is being exercised.
3: The holder must,—
a: when ceasing to exercise the right to occupy the entitlement land pursuant to subsection (1), remove camping shelters or temporary dwellings erected pursuant to subsection (2); and
b: leave the entitlement land in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation.
4: Notwithstanding subsection (3) but subject to subsections (5) to (8) and section 361(4) section 355(2)
5: The giving of consent by a land holding agent pursuant to subsection (4) is completely at the land holding agent's discretion and subject to such conditions as the land holding agent thinks fit.
6: Where entitlement land is land held under the Conservation Act 1987 Schedule 1
a: require an environmental impact report in relation to the proposed activities and an audit of that report at the holder's expense; and
b: impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement land and the surrounding land or on any wildlife.
7: When applying for a consent pursuant to subsection (4), the holder must provide to the land holding agent details of the proposed activities, including but not limited to—
a: the effect of the activities on the entitlement land and, where the entitlement land is land held under the Conservation Act 1987 Schedule 1
b: any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects.
8: If the Crown has complied with its obligations under the Fenton entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (4), whether on suspension of the Fenton entitlement or at any other time.
9: Part 3B
361: Obligations related to Fenton entitlements
1: The existence and exercise of a Fenton entitlement—
a: must not impede public access along a waterway; and
b: does not restrict the Crown's right to alienate either the entitlement land, land adjacent to the entitlement land, or land adjacent to the waterway next to which the entitlement land is situated.
2: If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement land, with the result that lawful access to the entitlement land no longer exists, the Crown must ensure that the holders continue to have the same type of access to the entitlement land as existed prior to the alienation or change of classification or status, unless and until the Fenton entitlement over that entitlement land is suspended pursuant to section 366
3: The Crown's obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements.
4: The holder, and the activities carried on by the holder on the entitlement land (including any work undertaken on the entitlement land under section 360(4) to (8)
5: In carrying out land and water management practices relating to the entitlement land, the land holding agent must—
a: have regard to the existence of the Fenton entitlement; and
b: notify the holder of any activity which may affect the holder; and
c: avoid unreasonable disruption to the holder.
6: Subject to subsection (5),—
a: a Fenton entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with the holders and having particular regard to their views, if necessary for reasons of management in accordance with the purposes for which the land over which the Fenton entitlement has been granted is held; and
b: if a Fenton entitlement is suspended pursuant to this subsection, the rights under that Fenton entitlement may be exercised by the holder outside the entitlement period described in section 360(1)
7: The holder of a Fenton entitlement has rights of enforcement of the Fenton entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement land.
8: Fenton entitlements are subject to—
a: such other special terms and conditions as the Crown reasonably requires to give effect to sections 354 to 370
b: such variations as may be agreed by the land holding agent and the holders to the provisions of section 360 which are contained in each particular Fenton entitlement.
362: Boundaries of entitlement land
The boundaries of entitlement land must be defined by 1 or more of the following methods:
a: by reference to any plan lodged in the office of the Surveyor-General Surveyor-General
b: by reference to any existing survey plan:
c: in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General. Section 362(a) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002
363: Section 44 of Reserves Act 1977 not to apply
Section 44
364: Rates
The grant of a Fenton entitlement is not a lease, licence, or other agreement for the purposes of note 2 of Part 1 Section 364 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
365: Targeted rates
The holders are liable to pay targeted rates under section 9 section 360(1) Section 365 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
366: Suspension of Fenton entitlements
1: The Crown may suspend a Fenton entitlement or terminate its application to an area of entitlement land if—
a: the Crown alienates the entitlement land; or
b: the entitlement land is destroyed or permanently detrimentally affected by any natural cause; or
c: it is a condition of the Fenton entitlement that the entitlement land is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or
d: subject to section 361(2)
e: section 357(2)
f: the customary fishing entitlement held by the holders of the same Fenton entitlement is suspended, or the application of that customary fishing entitlement to the area of the bed of the waterway over which the customary fishing entitlement is created is terminated.
2: On suspension of a Fenton entitlement pursuant to subsection (1), and upon application by the holder to the Minister of Māori Affairs, the Crown must take reasonable steps to either—
a: reinstate that Fenton entitlement (varied, if necessary, by written agreement); or
b: grant a replacement area of entitlement land over another site.
3: A replacement area of entitlement land granted pursuant to subsection (2)﻿(b) must—
a: meet the criteria set out in sections 355(1) 359 361(1)
b: be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement land prior to entry into the deed of settlement.
4: If the holder of a Fenton entitlement defaults in performing any of the holder's obligations under the Fenton entitlement, and—
a: the default is capable of remedy, the Crown may give written notice to the holder specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or
b: the default is not capable of remedy, the Crown may immediately suspend the Fenton entitlement by notice in writing to the holder.
5: Unless within 41 business days after the giving of notice pursuant to subsection (4)﻿(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately suspend the Fenton entitlement by notice in writing to the holder.
6: If a Fenton entitlement is suspended pursuant to subsection (4)﻿(b) or subsection (5), the holder may apply to the Minister of Māori Affairs for a reinstatement of the Fenton entitlement after the expiry of 2 years from the date of suspension.
367: Purpose of creation of Fenton entitlements
Without limiting sections 368 369 section 355(2)
368: Rights not affected
Except as expressly provided in sections 354 to 370
369: Limitation of rights
Except as expressly provided in sections 354 to 370
370: Succession to Fenton entitlements
1: A holder of a Fenton entitlement may not assign or grant a sub-entitlement to the holder's rights under that entitlement.
2: Notwithstanding section 369 sections 108 109 Claim 3 (Taerutu); claim 4 (Waimaiaia); claim 5 (Torotoroa); claim 6 (Te Aka Aka); and claim 10 (Pukatahi and Te Houriri)
371: Interpretation
In sections 372 to 386 entitlement area Fenton reserves section 354 holder section 354 land holding agent
372: Creation and granting of customary fishing entitlements
1: The Crown may create and grant to the ancillary claims trustees, or a holder, entitlements over an area of the bed of a Crown-owned waterway in the Ngāi Tahu claim area which, for the purposes of section 375
2: Customary fishing entitlements are created and granted for the purpose of permitting the holder to occupy temporarily and exclusively an area of the bed of a waterway for lawful fishing and gathering of natural resources.
3: The Crown must create and grant to the ancillary claims trustees 1 customary fishing entitlement for each of the 6 Fenton reserves—
a: in the form set out in Schedule 114
b: over the entitlement area identified in Schedule 115
c: on the terms and conditions (if any) set out in Schedule 115.
4: Customary fishing entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement area and approval of those surveys by the Surveyor-General
5: Unless suspended pursuant to section 382
6: Section 11 Part 10
7: Part 3B
8: The grant of a customary fishing entitlement pursuant to subsection (3) must be notified by the land holding agent in the Gazette
9: The Surveyor-General Gazette Section 372(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 372(9) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002
373: Representative body of holders of customary fishing entitlement
For the purposes of sections 372 to 386 section 357
374: Register of holders of customary fishing entitlement
The register of holders opened and maintained by the Maori Land Court pursuant to section 358
375: Replacement of entitlement area
1: The area of the bed of a waterway over which customary fishing entitlements may be granted in order to replace an entitlement area over which a customary fishing entitlement has been granted pursuant to section 372(3)
a: part of the bed of a waterway already in Crown ownership; and
b: up to 100 metres in length; and
c: from the mid-point of the width of the waterway to one of the banks of the waterway (unless otherwise agreed in writing by those persons); and
d: adjacent to—
i: land that is owned or managed by the Crown; or
ii: an esplanade reserve, esplanade strip, or an unformed legal road (including a road reserve), whether or not managed by the Crown; and
e: conveniently accessible from, but not necessarily directly adjacent to, the area of the Fenton entitlement granted to the same holders.
2: A customary fishing entitlement may be granted in respect of an area that is not managed or controlled by the Crown only if the consent of the managing or controlling body has been obtained.
376: Rights attaching to customary fishing entitlements
1: The holder of a customary fishing entitlement has the right to occupy temporarily the entitlement area to the exclusion of any other person (other than agents of the Crown or other persons empowered by statute, and undertaking their normal functions in relation to the area) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August).
2: The holder of a customary fishing entitlement has, during any time while exercising the rights as holder under the associated Fenton entitlement, the exclusive right to use the entitlement area for the purpose of lawfully fishing and the gathering of natural resources.
3: The holder has the right to erect temporary structures for the purpose of lawfully fishing and the gathering of natural resources during the period or periods that the right to occupy the entitlement area pursuant to subsection (1) is being exercised.
4: The holder must,—
a: when ceasing to exercise the right to occupy the entitlement area pursuant to subsection (1), remove temporary structures erected pursuant to subsection (3); and
b: leave the entitlement area in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation.
5: Notwithstanding subsection (4) but subject to subsections (6) to (9) and section 377(4) section 372(2)
6: The giving of consent by a land holding agent pursuant to subsection (5) is completely at the land holding agent's discretion and subject to such conditions as the land holding agent thinks fit.
7: Where an entitlement area is land held under the Conservation Act 1987 Schedule 1
a: require an environmental impact report in relation to the proposed activities and an audit of that report at the holder's expense; and
b: impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement area and the surrounding waterway or land, or on any wildlife or fish species.
8: When applying for a consent pursuant to subsection (5) the holder must provide to the land holding agent details of the proposed activities, including but not limited to—
a: the effect of the activities on the entitlement area and, where the entitlement area is land held under the Conservation Act 1987 Schedule 1
b: any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects.
9: If the Crown has complied with its obligations under the customary fishing entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (5), whether on suspension of the customary fishing entitlement or at any other time.
10: Part 3B
377: Obligations related to customary fishing entitlements
1: The existence and exercise of a customary fishing entitlement—
a: must not prevent any person from lawfully passing through an entitlement area, whether on foot or by boat, or otherwise, notwithstanding sections 372(2) 376
b: does not restrict the Crown's right to alienate either the entitlement area or an area of the waterway adjacent to the entitlement area or land adjacent to the waterway in which the entitlement area is situated.
2: If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement area, with the result that lawful access to the entitlement area no longer exists, the Crown must ensure that the holders continue to have the same type of access to the entitlement area as existed prior to the alienation or change of classification or status, unless and until the customary fishing entitlement over that entitlement area is suspended pursuant to section 382
3: The Crown's obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements.
4: The holder, and the activities carried on by the holder on the entitlement area (including any work undertaken on the entitlement area pursuant to section 376(5) to (9)
5: In carrying out land and water management practices relating to the entitlement area, the land holding agent must—
a: have regard to the existence of the customary fishing entitlement; and
b: notify the holder of any activity which may affect the holder; and
c: avoid unreasonable disruption to the holder.
6: Subject to subsection (5),—
a: a customary fishing entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with the holders and having particular regard to their views, if necessary for reasons of management in accordance with the purposes for which the area over which the customary fishing entitlement has been granted is held; and
b: if a customary fishing entitlement is suspended pursuant to this subsection, the rights under that customary fishing entitlement may be exercised by the holder outside the entitlement period described in section 376(1)
7: The holder of a customary fishing entitlement has rights of enforcement of the customary fishing entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement area.
8: Customary fishing entitlements are subject to—
a: such other special terms and conditions as the Crown reasonably requires to give effect to sections 371 to 386
b: such variations as may be agreed by the land holding agent and the holders to the provisions of section 376 which are contained in each particular customary fishing entitlement.
378: Boundaries of entitlement area
The boundaries of entitlement areas must be defined by 1 or more of the following methods:
a: by reference to any plan lodged in the office of the Surveyor-General Surveyor-General
b: by reference to any existing survey plan:
c: in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General. Section 378(a) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002
379: Section 44 of Reserves Act 1977 not to apply
Section 44
380: Rates
The grant of a customary fishing entitlement is not a lease, licence or other agreement for the purposes of note 2 of Part 1 Section 380 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
381: Targeted rates
The holders are liable to pay targeted rates under section 9 section 376(1) Section 381 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
382: Suspension of customary fishing entitlements
1: The Crown may suspend a customary fishing entitlement or terminate its application to an entitlement area if—
a: the Crown alienates the entitlement area; or
b: the entitlement area is destroyed or permanently detrimentally affected by any natural cause; or
c: it is a condition of the customary fishing entitlement that the entitlement area is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or
d: subject to section 377(2)
e: section 357(2)
f: the Fenton entitlement held by the holders of the same customary fishing entitlement is suspended, or the application of that Fenton entitlement to the area of land over which the Fenton entitlement is created is terminated.
2: On suspension of a customary fishing entitlement pursuant to subsection (1), and upon application by the holder to the Minister of Māori Affairs, the Crown must take reasonable steps to either—
a: reinstate that customary fishing entitlement (varied, if necessary, by written agreement); or
b: grant a replacement entitlement area over another site.
3: A replacement entitlement area granted pursuant to subsection (2)﻿(b) must—
a: meet the criteria set out in sections 375 377(1)
b: be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement areas prior to entry into the deed of settlement.
4: If the holder of a customary fishing entitlement defaults in performing any of his or her obligations under the customary fishing entitlement, and—
a: the default is capable of remedy, the Crown may give written notice to the holder specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or
b: the default is not capable of remedy, the Crown may immediately suspend the customary fishing entitlement by notice in writing to the holder.
5: Unless within 41 business days after the giving of notice pursuant to subsection (4)﻿(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately suspend the customary fishing entitlement by notice in writing to the holder.
6: If a customary fishing entitlement is suspended pursuant to subsection (4)﻿(b) or subsection (5), the holder may apply to the Minister of Māori Affairs for a reinstatement of the customary fishing entitlement after the expiry of 2 years from the date of suspension.
383: Purpose of creation of customary fishing entitlements
Without limiting sections 384 385 section 372(2)
384: Rights not affected
Except as expressly provided in sections 371 to 386
385: Limitation of rights
Except as expressly provided in sections 371 to 386
386: Succession to customary fishing entitlements
1: A holder of a customary fishing entitlement may not assign or grant a sub-entitlement to his or her rights under that entitlement.
2: Notwithstanding section 385 sections 108 109 Claim 7 (Te Ihutai)
387: Vesting of Te Ihutai site
1: In this section, Te Ihutai site Schedule 111
2: The reservation of the Te Ihutai site as a local purpose (river protection) reserve is revoked.
3: The fee simple estate in the Te Ihutai site is vested in the ancillary claims trustees. Claim 8 (Ahuriri)
388: Vesting of Ahuriri-Te Waihora site
1: In this section, Ahuriri-Te Waihora site Schedule 111
2: The Ahuriri-Te Waihora site ceases to be a conservation area.
3: The fee simple estate in the Ahuriri-Te Waihora site is vested in the ancillary claims trustees. Claim 11 (Wainono Lagoon)
389: Vesting of Wainono site
1: In this section, Wainono site Schedule 111
2: The reservation of the Wainono site as a river protection reserve is revoked.
3: The fee simple estate in the Wainono site is vested in the ancillary claims trustees. Claim 14 (Hawea/Wanaka)
390: Vesting of Bushy Point site
1: In this section, Bushy Point site Schedule 111
2: The reservation of the Bushy Point site as a recreation reserve is revoked.
3: The fee simple estate in the Bushy Point site is vested in the ancillary claims trustees.
4: The vesting by subsection (3) is subject to the encumbrance relating to the Bushy Point site described in Schedule 111
5: Before the Maori Land Court makes a vesting order in relation to the Bushy Point site pursuant to section 346(1) Registrar
6: The Ngā Whenua Rāhui kawenata referred to in subsection (5) is deemed to be entered into under section 77A
7: Notwithstanding section 77A(1)﻿(b)
8: The Registrar section 77A Land Transfer Act 1952 Section 390(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 390(8) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
391: Vesting of lakeside sites
1: In this section, Lakeside site (No 1) Lakeside site (No 2) Lakeside site (No 3) Schedule 111
2: The fee simple estate in the following land:
a: Lakeside site (No 1):
b: Lakeside site (No 2):
c: Lakeside site (No 3);— is vested in the ancillary claims trustees.
392: Future transfer of remaining lakeside sites
1: In this section, remaining lakeside sites Schedule 111
2: If the process set out in section 40
a: the beneficiaries of claim 14 (as defined in the Ngāi Tahu Ancillary Claims Report 1995) pursuant to clause 14.11 of the deed of settlement, as confirmed by the Maori Land Court, will be treated as being the persons from whom the remaining lakeside sites were acquired for the purposes of that section; and
b: section 40(2)﻿(c) Claim 53 (Lake Tatawai)
393: Vesting of Tatawai replacement site
1: In this section, Tatawai replacement site Schedule 111
2: The fee simple estate in the Tatawai replacement site is vested in the ancillary claims trustees.
3: For the purposes of section 77A Claim 55 (Waikouaiti Lagoon)
394: Beneficial owners of reserve authorised to catch fish
1: In this section, Waikouaiti Lagoon Schedule 111
2: The beneficial owners of the Matainaka 1N reserve—
a: continue to be entitled to catch fish from the Waikouaiti Lagoon; and
b: are deemed to be authorised to harvest fish, including indigenous fish, from the Waikouaiti Lagoon pursuant to section 50
3: For the purposes of subsection (2), the beneficial owners of the Matainaka 1N reserve are those persons determined by the Maori Land Court from time to time to be beneficial owners pursuant to Te Ture Whenua Maori Act 1993 Claim 17 (Arawhata MR 1)
395: Vesting of Arawhata site (No 1) and Arawhata site (No 2)
1: In this section, Arawhata site (No 1) Arawhata site (No 2) Schedule 111
2: Arawhata site (No 2) ceases to be a conservation area.
3: The fee simple estate in Arawhata site (No 1) and Arawhata site (No 2) is vested in the ancillary claims trustees.
4: The vesting by subsection (3) is subject to the encumbrance relating to Arawhata site (No 1) described in Schedule 111
5: Before the Maori Land Court makes a vesting order in relation to Arawhata site (No 2) pursuant to section 346(1) Registrar
6: The Ngā Whenua Rāhui kawenata referred to in subsection (5) is deemed to be entered into under section 77A
7: Notwithstanding section 77A(1)﻿(b)
8: The Registrar section 77A Land Transfer Act 1952
9: Subsections (5) to (8) do not apply if the Minister of Conservation has notified the ancillary claims trustees pursuant to clause 14.14.2(b) of the deed of settlement that no Ngā Whenua Rāhui kawenata is required. Section 395(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 395(8) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Claim 18 (Bruce Bay MR 6)
396: Vesting of Bruce Bay site (No 1), Bruce Bay site (No 3), and Bruce Bay site (No 4)
1: In this section, Bruce Bay site (No 1) Bruce Bay site (No 3) Bruce Bay site (No 4) Schedule 111
2: The legal but unformed road on the Bruce Bay site (No 1), the Bruce Bay site (No 3), and the Bruce Bay site (No 4) is stopped.
3: The fee simple estate in the following land:
a: Bruce Bay site (No 1):
b: Bruce Bay site (No 3):
c: Bruce Bay site (No 4);— is vested in the ancillary claims trustees.
4: The vesting by subsection (3)﻿(b) is subject to the encumbrance relating to the Bruce Bay site (No 3) described in Schedule 111
5: Before the Maori Land Court makes a vesting order in relation to the Bruce Bay site (No 1) pursuant to section 346(1) New Zealand Transport Agency
6: Before the Maori Land Court makes a vesting order in relation to the Bruce Bay site (No 3) pursuant to section 346(1)
7: Within 1 year of the vesting of the Bruce Bay site (No 1) by subsection (3), and before the Maori Land Court makes a vesting order in relation to that site pursuant to section 346(1) Section 396(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
397: Vesting of Bruce Bay site (No 2)
1: In this section, Bruce Bay site (No 2) Schedule 111
2: The reservation of the Bruce Bay site (No 2) as a local purpose (site for a public hall) reserve is revoked.
3: The fee simple estate in the Bruce Bay site (No 2) is vested in the ancillary claims trustees.
4: Within 1 year of the vesting of the Bruce Bay site (No 2) by subsection (3), and before the Maori Land Court makes a vesting order in relation to that site pursuant to section 346(1)
398: Vesting of Bruce Bay site (No 5)
1: In this section, Bruce Bay site (No 5) Schedule 111
2: The legal but unformed road on the Bruce Bay site (No 5) (excluding the 20 metre-wide strip through this site as shown on Allocation Plan A 484 (SO 12501)) is stopped.
3: The fee simple estate in the Bruce Bay site (No 5) is vested in the ancillary claims trustees.
399: Property description
In sections 400 401 Bruce Bay site (No 6) Schedule 111
400: Vesting of Bruce Bay site (No 6)
1: The Bruce Bay site (No 6) ceases to be a conservation area.
2: The fee simple estate in the Bruce Bay site (No 6) is vested in the ancillary claims trustees.
3: The vesting by subsection (2) is subject to the encumbrance relating to the Bruce Bay site (No 6) described in Schedule 111
401: Identification of beneficiaries to Bruce Bay site (No 6)
1: The ancillary claims trustees and the chief executive must comply with clause 14.15.2A of the deed of settlement, and deal with the Bruce Bay site (No 6) accordingly.
2: Section 344 Claim 27 (Watarākau MR 45); claim 41 (Māwheranui); claim 42 (Whakapoai); claim 43 (Westport Sections 721 and 732); claim 44 (Kōtukuwhakaoho MR 34); and claim 46 (Arahura MR 30)
402: Vesting of Māwhera Chambers
1: In this section, Māwhera Chambers Schedule 111
2: The fee simple estate in the Māwhera Chambers is vested in the Māwhera Incorporation on the settlement date.
3: The vesting by subsection (2) is subject to the encumbrance relating to the Māwhera Chambers described in Schedule 111
4: Part 3
403: Vesting of Greymouth railway land
1: In this section, Greymouth railway land Schedule 111
2: The fee simple estate in the Greymouth railway land is vested in the Māwhera Incorporation on the settlement date.
3: The vesting by subsection (2) is subject to the encumbrances relating to the Greymouth railway land described in Schedule 111
4: Part 3
404: Vesting of Lake Kaniere site
1: In this section, Lake Kaniere site Schedule 111
2: The fee simple estate in the Lake Kaniere site is vested in the Māwhera Incorporation on the settlement date.
3: The vesting by subsection (2) is subject to the encumbrance relating to the Lake Kaniere site described in Schedule 111
405: Vesting of Rapahoe site
1: In this section, Rapahoe site Schedule 111
2: The fee simple estate in the Rapahoe site is vested in the Māwhera Incorporation on the settlement date.
3: The vesting by subsection (2) is subject to the encumbrance relating to the Rapahoe site described in Schedule 111
406: Discontinuance of Maori Land Court proceedings
The Maori Land Court proceedings in relation to the Māwhera Incorporation, being Case 16359 (Lot 1 DP 2696 and Section 1, SO 11689, Block XII, Greymouth Survey District) reported in 77 South Island Minute Book 341, are discontinued on the settlement date. Claim 50 (Karitane)
407: Property description
In sections 408 409 Karitane site Schedule 111
408: Future vesting of Karitane site
1: If at any time agreement is reached in accordance with clause 14.17.2 of the deed of settlement, the Minister of Conservation may, notwithstanding anything to the contrary in the Reserves Act 1977 Gazette
2: Without limiting subsection (1), the Minister of Conservation may, by notice in the Gazette
a: revoke the reservation of the Karitane site as a reserve; and
b: provide for the Karitane site to have a status or classification; and
c: provide for the Karitane site to be held, administered, or managed by any body; and
d: vest the Karitane site as Māori freehold land or in fee simple estate; and
e: provide for the transfer of the Karitane site; and
f: specify the date on which any of the matters set out in paragraphs (a) to (e) take effect.
409: Application by Waikouaiti Māori Foreshore Trust Board
Notwithstanding section 461(3) section 131 Claim 112 (Tautuku)
410: Application of Conservation Act 1987 to access granted by the Crown
Sections 17S to 17W 17Y(1)﻿(a) 17Z(3)
411: Application of
Property Law Act 2007 Subpart 3 Section 411 heading amended 1 January 2008 section 364(1) Property Law Act 2007 Section 411 amended 1 January 2008 section 364(1) Property Law Act 2007 Claim 56 (Maranuku)
412: Vesting of substitute Maranuku site
1: In this section, substitute Maranuku site Schedule 111
2: The fee simple estate in the substitute Maranuku site is vested in the ancillary claims trustees. Claim 57 (Maranuku)
413: Property description
In sections 414 415 Maranuku site Schedule 111
414: Vesting of Maranuku site
1: The fee simple estate in the Maranuku site is vested in the ancillary claims trustees.
1A: The reservation of the Maranuku site as a recreation reserve is revoked.
2: Part 3 Section 414(1A) inserted 17 May 2005 section 3 Ngāi Tahu Claims Settlement Amendment Act 2005
415: Identification of beneficiaries to Maranuku site
1: The ancillary claims trustees and the chief executive must comply with clause 14.21.2 of the deed of settlement, and deal with the Maranuku site accordingly.
2: Section 344 Claim 61 (Waimumu)
416: Interpretation
In sections 417 to 420 Waimumu site (No 1) Waimumu site (No 2) Waimumu site (No 3) Schedule 111 Waimumu sites
417: Vesting of Waimumu site (No 1)
1: The fee simple estate in the Waimumu site (No 1) is vested in the ancillary claims trustees.
2: The vesting by subsection (1) is subject to the encumbrances relating to the Waimumu site (No 1) described in Schedule 111
3: Part 3
418: Vesting of Waimumu site (No 2)
1: The fee simple estate in the Waimumu site (No 2) is vested in the ancillary claims trustees, notwithstanding the land having no frontage to a legal road.
2: The vesting by subsection (1) is subject to the encumbrances relating to the Waimumu site (No 2) described in Schedule 111
3: Part 3
419: Vesting of Waimumu site (No 3)
1: The fee simple estate in the Waimumu site (No 3) is vested in the ancillary claims trustees, notwithstanding the land having no frontage to a legal road.
2: The vesting by subsection (1) is subject to the encumbrances relating to the Waimumu site (No 3) described in Schedule 111
3: Part 3
420: Identification of beneficiaries to Waimumu sites
1: The ancillary claims trustees and the chief executive must comply with clause 14.22.2 of the deed of settlement, and deal with the Waimumu sites accordingly.
2: Section 344 Claim 66 (Invercargill)
421: Vesting of Invercargill site
1: In this section, Invercargill site Schedule 111
2: The fee simple estate in the Invercargill site is vested in the ancillary claims trustees.
3: The vesting by subsection (2) is subject to the encumbrances relating to the Invercargill site described in Schedule 111 Claim 67 (Aparima)
422: Vesting of Aparima site (No 1)
1: In this section, Aparima site (No 1) Schedule 111
2: The fee simple estate in the Aparima site (No 1) is vested in the ancillary claims trustees. Claim 73 (Aparima)
423: Vesting of Aparima site (No 2)
1: In this section, Aparima site (No 2) Schedule 111
2: The fee simple estate in the Aparima site (No 2) is vested in the ancillary claims trustees. Wai 348 (Pūrākaunui)
424: Interpretation
In sections 425 426 Pūrākaunui Block Incorporation
425: Vesting of Pūrākaunui site
1: In this section, Pūrākaunui site Schedule 111
2: The reservation of the Pūrākaunui site as a recreation reserve is revoked.
3: The fee simple estate in the Pūrākaunui site is vested in the Pūrākaunui Block Incorporation on the settlement date.
4: A marginal strip of 100 metres wide, or to the landward margin of the Pūrākaunui site, whichever is the lesser, extending along and abutting the landward margin of the foreshore of the Pūrākaunui site is reserved from the vesting of the fee simple estate in the Pūrākaunui site as if it had been reserved under section 24AA
426: Vesting of road site
1: In this section, road site Schedule 111
2: On the settlement date—
a: the legal but unformed road on the road site is stopped; and
b: the fee simple estate in the road site is vested in the Pūrākaunui Block Incorporation.
427: Application of Fencing Act 1978
The Fencing Act 1978 section 3(1) Wai 324 and Wai 27, claim 51 (Taiaroa Head)
428: Interpretation
In sections 429 to 444 joint management body successors to Korako Karetai section 431(1) Taiaroa Head site (No 1) Taiaroa Head site (No 2) Taiaroa Head site (No 3) Taiaroa Head site (No 4) Schedule 111 Taiaroa Head sites sections 443 444 wildlife sanctuary Schedule 111
429: Vesting of Taiaroa Head site (No 1) in ancillary claims trustees
1: The reservation of the Taiaroa Head site (No 1) as a nature reserve is revoked.
2: The fee simple estate in the Taiaroa Head site (No 1) is vested in the ancillary claims trustees.
3: The vesting by subsection (2) is subject to the encumbrances relating to the Taiaroa Head site (No 1) described in Schedule 111
4: Part 3
5: Notwithstanding subsection (2) and any Act or rule of law, the assets that are fixed to, or are under or over, the Taiaroa Head site (No 1) are not vested in the ancillary claims trustees, but remain in the ownership of the person or persons owning them at the date of the vesting by subsection (2).
430: Administration of Taiaroa Head site (No 1)
1: Until the business day which is 25 business days after the establishment and naming of the joint management body in accordance with clause 14.27.12 of the deed of settlement, and notwithstanding section 429(2)
a: must administer the Taiaroa Head site (No 1), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A
b: may expend monies thereon for the purposes of its administration as if it were a nature reserve.
2: The Reserves Act 1977 section 429(1) and (2)
431: Identification of beneficiaries of Taiaroa Head site (No 1)
1: In order to identify the beneficiaries of the Taiaroa Head site (No 1), the ancillary claims trustees must comply with section 344
a: the ancillary claims trustees must identify the successors to Korako Karetai who would be entitled to have the Taiaroa Head site (No 1) offered back to them if Part 3
b: paragraphs 18 to 22 of attachment 14.2 of the deed of settlement do not apply to the identification of the beneficiaries of the Taiaroa Head site (No 1) by the ancillary claims trustees.
2: The persons identified by the ancillary claims trustees pursuant to subsection (1) are the beneficiaries of the Taiaroa Head site (No 1).
3: The ancillary claims trustees must inform the Minister of Māori Affairs and the Minister in Charge of Treaty of Waitangi Negotiations as soon as the Maori Land Court has confirmed the list of beneficiaries to the Taiaroa Head site (No 1) pursuant to section 345(a)
432: Successors to Korako Karetai to be owners
For the purposes only of clauses 14.27.6 to 14.27.13 of the deed of settlement, the successors to Korako Karetai are, in relation to the Taiaroa Head site (No 1), deemed to be owners—
a: within the meaning of section 170
b: within the meaning of regulation 2
433: Decisions of successors to Korako Karetai
1: If the successors to Korako Karetai do not make a decision at the meeting held pursuant to clause 14.27.6 of the deed of settlement in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995
a: the option which received the most votes in accordance with those procedures; or
b: if no votes are cast, the first option from that list.
2: The recording officers of the meetings held pursuant to clauses 14.27.6, 14.27.9, and 14.27.11 of the deed of settlement must report to the Minister in Charge of Treaty of Waitangi Negotiations and the ancillary claims trustees as soon as practicable after those meetings, under the procedure set out in regulation 48
a: the decisions of the successors to Korako Karetai made pursuant to clause 14.27.7 of the deed of settlement; and
b: the decisions of the successors to Korako Karetai, Te Rūnanga Ōtākou, the Minister of Conservation, and the Dunedin City Council made pursuant to clauses 14.27.9 and 14.27.11 of the deed of settlement.
434: Establishment of joint management body
If the representatives of the successors to Korako Karetai, Te Rūnanga Ōtākou, the Dunedin City Council, and the Minister of Conservation do not make a decision at their meeting held pursuant to clause 14.27.11 of the deed of settlement to adopt any of the options listed in that clause, they are deemed to have chosen—
a: the option which received the support of the majority of the representatives of the successors to Korako Karetai, Te Rūnanga Ōtākou, the Dunedin City Council, and the Minister of Conservation; or
b: if there is no majority support for any option, the option set out in clause 14.27.11(a) of the deed of settlement.
435: Transfer of Taiaroa Head site (No 1) to successors to Korako Karetai
1: As soon as practicable after the recording officers report to the Minister in Charge of Treaty of Waitangi Negotiations in accordance with section 433(2) Gazette
a: the date on which the ancillary claims trustees must transfer the fee simple estate in the Taiaroa Head site (No 1); and
b: the status (including, if appropriate, the status of Māori freehold land) the Taiaroa Head site (No 1) is to have, effective from the date of transfer; and
c: the manner (including, if appropriate, by Korako Karetai as an eponymous ancestor) in which the Taiaroa Head site (No 1) is to be held, effective from the date of transfer.
2: The date of transfer of the Taiaroa Head site (No 1) stated by the Minister in Charge of Treaty of Waitangi Negotiations pursuant to subsection (1)﻿(a) must be the business day which is 25 business days after the establishment and naming of the joint management body pursuant to clause 14.27.12 of the deed of settlement.
3: The ancillary claims trustees must transfer the Taiaroa Head site (No 1) on the date and in the manner stated in the notice published pursuant to subsection (1).
4: The transfer by subsection (3) is subject to the administration of the Taiaroa Head site (No 1), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A section 437(1)
5: On presentation by the ancillary claims trustees of the transfer of the Taiaroa Head site (No 1) for registration, the Registrar
a: register the name of the transferee on the certificate of title relating to the Taiaroa Head site (No 1) as the registered proprietor of that site (including, if appropriate, the name of Korako Karetai); and
b: note the status of the Taiaroa Head site (No 1) (as notified in the Gazette
6: The functions of the ancillary claims trustees in relation to the Taiaroa Head site (No 1) and the ancillary claim to which it relates end on the presentation of the transfer of the Taiaroa Head site (No 1) for registration pursuant to subsection (5). Section 435(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
436: Vesting of Taiaroa Head site (No 2)
1: The Taiaroa Head site (No 2) is deemed to be vested in Te Rūnanga Ōtākou (to hold but not administer) pursuant to section 26
2: The vesting by subsection (1) is effective on the business day which is 25 business days after the establishment and naming of the joint management body pursuant to clause 14.27.12 of the deed of settlement.
3: The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable, advise by notice in the Gazette
4: The vesting by subsection (1) is subject to the administration of the Taiaroa Head site (No 2) by the joint management body pursuant to section 438(1)
5: Notwithstanding subsection (1) and any Act or rule of law, the assets that are fixed to, or are under or over, the Taiaroa Head site (No 2) are not vested in Te Rūnanga Ōtākou, but remain in the ownership of the person or persons owning them at the date of the vesting by subsection (1).
437: Administration of Taiaroa Head site (No 1) by joint management body
1: The Taiaroa Head site (No 1), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A
a: as if it were a nature reserve and as if the joint management body had been appointed by the Minister of Conservation under section 38(2)
b: subject to the conditions and restrictions set out in attachment 14.15 of the deed of settlement (as quoted in Schedule 116 section 38(2)
2: The quoting in Schedule 116 section 38(2)
438: Administration of Taiaroa Head site (No 2) by joint management body
1: The Taiaroa Head site (No 2) must be administered by the joint management body—
a: as if it had been vested in the joint management body pursuant to section 26
b: subject to the conditions and restrictions set out in attachment 14.15 of the deed of settlement (as quoted in Schedule 116 section 26(2)
2: The quoting in Schedule 116 section 26(2)
439: Administration by joint management body
1: In relation to the Taiaroa Head sites, the joint management body is an administering body for the purposes of the Reserves Act 1977
2: The Reserves Act 1977 sections 435(3) 436(1)
440: Commencement of administration by joint management body
1: Sections 437 to 439
2: The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after the establishment of the joint management body pursuant to clause 14.27.12 of the deed of settlement, advise by notice in the Gazette sections 437 to 439
441: Management of wildlife sanctuary
The Minister of Conservation may, at his or her sole discretion, by notice in the Gazette
a: is to be included in any management plan prepared for the Taiaroa Head sites; or
b: is to be administered by the joint management body, together with the Taiaroa Head sites, as if it were a nature reserve, and is to be included in any management plan prepared for the Taiaroa Head sites,— notwithstanding the Wildlife Act 1953
442: Preparation of management plan for Taiaroa Head sites
The management plan to be prepared by the joint management body for the Taiaroa Head sites under section 41
a: include the wildlife sanctuary if the Minister of Conservation has exercised the discretion under section 441
b: subject to the agreement of the Dunedin City Council, include Taiaroa Head site (No 3) and Taiaroa Head site (No 4) if the Dunedin City Council retains those sites and does not agree to their administration by the joint management body.
443: Inclusion of Taiaroa Head site (No 3)
1: If at any time the Dunedin City Council gives its written consent to the revocation of the reservation of the Taiaroa Head site (No 3) as a reserve in accordance with clause 14.27.3 of the deed of settlement, then, notwithstanding any other Act or rule of law,—
a: the Minister of Conservation may, by notice in the Gazette section 435
b: the Taiaroa Head site (No 3) will be held in the same manner as the Taiaroa Head site (No 1) from the date of vesting of that site by paragraph (a); and
c: the Taiaroa Head site (No 3), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A
d: Part 3
2: Notwithstanding subsection (1) and any enactment or rule of law, if the Minister of Conservation vests the Taiaroa Head site (No 3) in the descendants of Korako Karetai under subsection (1)﻿(a), the assets that are fixed to, or are under or over, the site are not vested pursuant to subsection (1)﻿(a) but remain in the ownership of the person or persons owning them at the date of the transfer of that land.
3: If the Dunedin City Council gives its written consent to the revocation of the reservation of the Taiaroa Head site (No 3) as a reserve in accordance with clause 14.27.3 of the deed of settlement, then subsection (1) will take effect on the later of—
a: the business day which is 25 business days after the establishment of the joint management body; and
b: the day on which the Dunedin City Council gives its written consent in accordance with subsection (1).
444: Inclusion of Taiaroa Head site (No 4)
1: If at any time the Dunedin City Council gives its written consent to the cancellation of the vesting in it of the Taiaroa Head site (No 4) in accordance with clause 14.27.3 of the deed of settlement, then, notwithstanding any other Act or rule of law,—
a: the Minister of Conservation may, by notice in the Gazette Reserves Act 1977
b: the Taiaroa Head site (No 4) will be held in the same manner as the Taiaroa Head site (No 2) from the date that site is vested by paragraph (a); and
c: the Taiaroa Head site (No 4) will be administered by the joint management body from the date that site is vested by paragraph (a) in accordance with the reserve classification it held immediately before it was vested under paragraph (a); and
d: notwithstanding paragraph (c) and any Act or rule of law, the assets that are fixed to, or are under or over, the Taiaroa Head site (No 4) are not vested in Te Rūnanga Ōtākou, but remain in the ownership of the person or persons owning them at the date of the transfer of that land.
2: If the Dunedin City Council gives its written consent to the cancellation of the vesting in it of the Taiaroa Head site (No 4) in accordance with clause 14.27.3 of the deed of settlement, then subsection (1) will take effect on the later of—
a: the business day which is 25 business days after the establishment of the joint management body; and
b: the day on which the Dunedin City Council gives its written consent in accordance with subsection (1).
15: South Island Landless Natives Act
445: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 15 (South Island Landless Natives Act) of the deed of settlement.
446: Interpretation
In this Part, unless the context otherwise requires,— ancillary claims trustees section 339 Minister original beneficiaries SILNA lands
a: the Hawea/Wanaka land:
b: the Whakapoai land:
c: the Port Adventure land:
d: the Toi Toi land;— being the lands described by those names in Schedule 117 SILNA land successor Claim 14 (Hawea/Wanaka)
447: Property description
In sections 448 449 Hawea/Wanaka substitute land Schedule 117
448: Revocation of Hawea/Wanaka substitute land's current reserve status
The reservation of the Hawea/Wanaka substitute land as a reserve is revoked on the settlement date.
449: Vesting of Hawea/Wanaka substitute land
1: The Minister may, by notice in the Gazette section 455(5)
2: The Minister must arrange for the notice referred to in subsection (1) to be published in the Gazette section 455(5) Claim 33 (Whakapoai)
450: Property descriptions
In sections 451 452 Whakapoai land Schedule 117 Whakapoai substitute land
451: Vesting of Whakapoai land or Whakapoai substitute land
1: The Minister may take one of the following actions:
a: vest, by notice in the Gazette section 455(5)
i: the Whakapoai land being leased back to the Crown (acting through the Minister of Conservation) on the terms set out in attachment 15.1 of the deed of settlement; and
ii: compensation being paid by the Crown to the successors to the Whakapoai land in accordance with clause 15.3.2(a) of the deed of settlement:
b: vest, by notice in the Gazette
c: provide an alternative form of redress to those set out in paragraphs (a) and (b) in accordance with clause 15.3.2(b)﻿(ii) of the deed of settlement.
2: The Minister must, as soon as practicable after receiving the notice in accordance with section 455(5)
452: Lease of Whakapoai land
1: The Crown may lease back the Whakapoai land on the terms set out in attachment 15.1 of the deed of settlement, notwithstanding anything to the contrary in the Land Act 1948
2: If the Minister takes the action set out in section 451(1)﻿(a)
a: the Governor-General may declare the Whakapoai land to be a national park to which the National Parks Act 1980 section 7
b: the Whakapoai land will be managed by the Crown as part of the Kahurangi National Park as if the Whakapoai land were constituted a national park under the National Parks Act 1980.
3: If the Minister takes either of the actions set out in section 451(1)﻿(b)
a: declared to be a national park under the National Parks Act 1980
b: added to the Kahurangi National Park,— as if it had been declared and added pursuant to section 7 section 8
4: Section 11 Part 10 Claim 92 (Port Adventure)
453: Provision of redress for successors to Port Adventure land
1: In this section, adjoining land Port Adventure land Schedule 117
2: The Minister may take one of the following actions:
a: vest, by notice in the Gazette section 455(5)
b: vest, by notice in the Gazette
c: provide an alternative form of redress to those set out in paragraphs (a) and (b) in accordance with clause 15.4.2(b)﻿(ii) of the deed of settlement.
3: In order to allow for the creation of alternative boundaries to the Port Adventure land pursuant to subsection (2)﻿(b), the Minister of Conservation may, in his or her discretion, by notice in the Gazette
a: change the classification or purpose of the whole or part of the adjoining land:
b: revoke the reservation of the whole or part of the adjoining land as a nature reserve or scenic reserve:
c: remove the status of conservation area managed for conservation purposes from the whole or part of the adjoining land.
4: The Minister must, as soon as practicable after receiving the notice in accordance with section 455(5) Claim 92 (Toi Toi)
454: Provision of redress for successors to Toi Toi land
1: In this section adjoining land Toi Toi land Schedule 117
2: The Minister may take one of the following actions:
a: vest, by notice in the Gazette section 455(5)
b: vest, by notice in the Gazette
c: provide an alternative form of redress to those set out in paragraphs (a) and (b) in accordance with clause 15.5.2(b)﻿(ii) of the deed of settlement.
3: In order to allow for the creation of alternative boundaries to the Toi Toi land pursuant to subsection (2)﻿(b), the Minister of Conservation may, in his or her discretion, by notice in the Gazette
a: change the classification or purpose of the whole or part of the adjoining land:
b: revoke the reservation of the whole or part of the adjoining land as a nature reserve or scenic reserve:
c: remove the status of conservation area managed for conservation purposes from the whole or part of the adjoining land.
4: The Minister must, as soon as practicable after receiving the notice in accordance with section 455(5) Miscellaneous matters
455: Miscellaneous matters to give effect to SILNA redress
1: The Minister of Māori Affairs and the Maori Land Court may undertake any actions prescribed for them in section 15 of the deed of settlement, notwithstanding the fact that the SILNA lands, or land being dealt with in substitution for a SILNA land, are not Māori freehold land.
2: The Maori Land Court may give notice in the Panui of every Maori Land Court District, and in such other way as the Maori Land Court considers appropriate, in order to identify the successors to the SILNA lands in accordance with clauses 15.6.2 and 15.6.3 of the deed of settlement.
3: For the purposes only of clauses 15.6 and 15.7 of the deed of settlement, the successors to a SILNA land are, in relation to that land, deemed to be owners—
a: within the meaning of section 170
b: within the meaning of regulation 2
4: If the successors to a SILNA land do not make a decision in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995
5: The recording officer of each meeting of successors to a SILNA land must report to the Minister, under the procedure set out in regulation 48
6: The Registrar the Registrar's Section 455(6) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Claim 16 (South Westland)
456: South Westland land to vest in ancillary claims trustees
1: In this section, Awarua site Okahu site Whakapohai site Schedule 117
2: The fee simple estate in the following land:
a: Awarua site:
b: Okahu site:
c: Whakapohai site;— is vested in the ancillary claims trustees on the date that is 30 business days after the settlement date.
457: Pāringa River site to vest in ancillary claims trustees
1: In this section, Pāringa River site Schedule 117
2: The Pāringa River site ceases to be a conservation area on the date that is 30 business days after the settlement date.
3: The fee simple estate in the Pāringa River site is vested in the ancillary claims trustees on the date that is 30 business days after the settlement date.
4: Before the Maori Land Court makes a vesting order in relation to the Pāringa River site pursuant to section 346(1) Registrar
5: The Ngā Whenua Rāhui kawenata referred to in subsection (4) is deemed to be entered into under section 77A
6: Notwithstanding section 77A(1)﻿(b)
7: The Registrar section 77A Land Transfer Act 1952 Section 457(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 457(7) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
458: Okahu replacement site to vest in ancillary claims trustees
1: In this section, Okahu replacement site Schedule 117
2: Okahu replacement site ceases to be a conservation area on the date that is 30 business days after the settlement date.
3: The fee simple estate in Okahu replacement site is vested in the ancillary claims trustees on the date that is 30 business days after the settlement date.
4: Before the Maori Land Court makes a vesting order in relation to Okahu replacement site pursuant to section 346(1) Registrar
5: The Ngā Whenua Rāhui kawenata referred to in subsection (4) is deemed to be entered into under section 77A
6: Notwithstanding section 77A(1)﻿(b)
7: The Registrar section 77A Land Transfer Act 1952 Section 458(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 458(7) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
16: Conditions and legislation
459: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 17 (conditions and legislation) of the deed of settlement.
460: Effective date of matters in this Part
The date on which the matters provided for in this Part take effect is the settlement date.
461: Settlement of Ngāi Tahu claims to be final
1: The settlement of the Ngāi Tahu claims to be effected pursuant to the deed of settlement and this Act is final, and the Crown is released and discharged in respect of those claims.
2: Subsection (1) does not limit the deed of settlement.
3: Despite any other enactment or rule of law, no court or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—
a: any or all of the Ngāi Tahu claims; or
b: the validity of the deed of settlement; or
c: the adequacy of the benefits provided to Te Rūnanga o Ngāi Tahu and others under this Act or the deed of settlement; or
d: this Act.
4: Subsection (3) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or implementation of the deed of settlement or this Act.
5: This section does not limit the jurisdiction of the Maori Land Court in the implementation of sections 14 and 15 of the deed of settlement.
462: Jurisdiction of Tribunal to consider claims
Section 462 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
463: Enactments relating to resumptive memorials on land within Ngāi Tahu claim area no longer to apply
Nothing in—
a: sections 8A to 8H
b: the amendments made to the Treaty of Waitangi Act 1975 Part 4
c: sections 27A to 27C
d: sections 568 to 570
e: Part 3 applies in relation to any land within the Ngāi Tahu claim area. Section 463(d) replaced 1 August 2020 section 668 Education and Training Act 2020
464: Removal of resumptive memorials
1: The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar
a: that is within
b: that contains a memorial entered under any of the enactments referred to in section 463(1)
2: Each certificate issued pursuant to subsection (1) must state that it is issued pursuant to this section.
3: The Registrar the Registrar
a: register the certificate against each certificate of title identified in the certificate; and
b: cancel each memorial that, under any of the enactments referred to in section 463(1)
4: Subsection (2) does not require the Registrar Section 464(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 464(1)﻿(a) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 464(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 464(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
465: Maori Trust Boards Act 1955
1: Amendment(s) incorporated in the Act(s)
2: Amendment(s) incorporated in the Act(s)
466: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16 Section 466 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 466 amended 30 January 2021 section 161 Trusts Act 2019
467: Settlement for benefit of Ngāi Tahu Whānui collectively
1: The settlement is for the benefit of Ngāi Tahu Whānui collectively, and not for the benefit of any individual, single whānau, single marae, single hapū, or single Papatipu Rūnanga (except to the extent that, after the settlement date, Te Rūnanga o Ngāi Tahu determines in accordance with the charter and Te Runanga o Ngai Tahu Act 1996
2: Subsection (1) does not apply to clauses 13.3 and 13.6 and sections 14 and 15 of the deed of settlement or to sections 324 to 326 333 to 337 Parts 14 15
17: Miscellaneous
468: Purpose of this Part
The purpose of this Part is to provide for the legislative matters contemplated by section 20 (miscellaneous matters) of the deed of settlement.
469: Interpretation
In this Part,— encumbrance specified settlement property Parts 11 13 14 15
470: Application of this Part
Except as expressly provided in this Act, this Part applies to the vesting in a Ngāi Tahu recipient by this Act of a specified settlement property.
471: Disposition by the Crown
Except as expressly provided in this Act, the vesting of the fee simple estate in a specified settlement property is deemed to be a disposition by the Crown for the purposes of Part 4A
472: Encumbrances
1: Except as expressly provided in this Act, an encumbrance which is not registrable under the Land Transfer Act 1952
2: The inclusion in a schedule of this Act of an encumbrance in relation to land does not give the encumbrance any greater force or effect than it has had it not been included in the schedule.
3: Except as expressly provided in this Act, nothing in Te Ture Whenua Maori Act 1993 Parts 13 14 15
4: Except as expressly provided in this Act, the fee simple estate of a specified settlement property that is land under the Land Transfer Act 1952
473: Continuing application of statute and other matters
Except as expressly provided in this Act, all statutes, regulations, bylaws, powers, rights, and obligations are unaffected by the vesting in a Ngāi Tahu recipient by this Act of a specified settlement property.
474: Title to specified settlement property
1: Where the fee simple estate in a specified settlement property is vested by this Act in a Ngāi Tahu recipient, and that specified settlement property is—
a: land which is registered under the Land Transfer Act 1952 the Registrar
i: register that Ngāi Tahu recipient as the proprietor of the fee simple estate in that specified settlement property, in substitution for the Crown body which held the fee simple estate in that specified settlement property immediately before that vesting; and
ii: make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this Part; or
b: land other than land registered under the Land Transfer Act 1952 the Registrar form 1
2: An application made in accordance with subsection (1) must—
a: specify the name of the Ngāi Tahu recipient and a description of the specified settlement property sufficient to identify it; and
b: in the case of an application made pursuant to subsection (1)﻿(b), include a certificate by the chief executive or the Surveyor-General
c: without limiting subsection (3), be made as soon as reasonably practicable after the date on which the fee simple estate in that specified settlement property is vested in a Ngāi Tahu recipient by this Act.
3: Except as expressly provided in this Act, a certificate of title must be issued pursuant to subsection (1)﻿(b) as soon as reasonably practicable after an application has been made pursuant to subsection (2), and, in any event, no later than 12 months after the vesting of the relevant specified settlement property (or such later date as may be agreed in writing by Te Rūnanga o Ngāi Tahu and the Crown).
4: The certificate given in accordance with subsection (2)﻿(b) must be filed by the Registrar Registrar Section 474(1)﻿(a) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 474(1)﻿(b) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 474(2)﻿(b) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 474(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
475: Certification of registrable interests
1: Where the fee simple estate in a specified settlement property is vested in a Ngāi Tahu recipient subject to the reservation of, or having the benefit of, any easement (not being an easement previously registered under the Land Transfer Act 1952 Surveyor-General section 474
2: The Registrar
3: Where a notation of an easement or encumbrance is entered upon the relevant certificate of title pursuant to subsection (2), the easement or encumbrance is deemed for all purposes (including all subsequent dealings) to be created under the Land Transfer Act 1952 Section 475(1) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 475(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
476: Exclusions
1: Sections 24 25 Wildlife Act 1953 sections 18(7) 26
a: a change of classification or purpose of a reserve; or
b: a change of a specially protected status of a conservation area; or
c: a revocation of a reserve or wildlife refuge; or
d: the cessation of status of a conservation area,— where the reserve, wildlife refuge, or conservation area is a specified settlement property vested in a Ngāi Tahu recipient by this Act, unless expressly provided otherwise in the section by which the specified settlement property is vested.
2: Sections 78(1)﻿(a) 79 80 81 82
3: Nothing in section 11 Part 10
4: Sections 116(2)﻿(d) 117 118 sections 342 345(3)
477: Stopping of roads
Except as expressly provided in this Act, where a road is stopped by this Act, the area comprising the stopped road is vested in the Crown.
478: Successors bound
1: In this section, successor in title
2: Where the fee simple estate in a specified settlement property is vested in a Ngāi Tahu recipient by this Act, the terms on which that specified settlement property is vested in that Ngāi Tahu recipient bind any successor in title to that property.
479: Registration without fee
Where an action is required to be undertaken by the Registrar Section 479 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998