Ngāti Awa Claims Settlement Act 2005

1: Title
This Act is the Ngāti Awa Claims Settlement Act 2005.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal Assent.
1: Acknowledgements and apology by the Crown to Ngāti Awa, and preliminary provisions
3: Purpose
The purpose of this Act is to—
a: record the acknowledgements and apology given by the Crown to Ngāti Awa in the Ngāti Awa deed of settlement dated 27 March 2003 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Dr Sidney Moko Mead, John Mahiti Wilson, Bernard Paul Quinn, Joseph Mason, and Pouroto Nicholas Hamilton Ngaropo for Ngāti Awa; and
b: give effect to certain provisions of—
i: the Ngāti Awa deed of settlement, which is a deed that settles the Ngāti Awa historical claims; and
ii: the ancillary deeds of settlement, which are deeds that settle the ancillary claims.
4: Act binds the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act, the Ngāti Awa deed of settlement, or the ancillary deeds of settlement.
2: Part 1
3: Part 2 Ngāti Awa Ngāti Awa historical claims
4: Part 3
a: the effect of the settlements on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngāti Awa historical claims and the ancillary claims; and
b: consequential amendments to the Treaty of Waitangi Act 1975
c: the effect of the settlement of the Ngāti Awa historical claims on certain resumptive memorials; and
d: miscellaneous matters relating to the settlement of the Ngāti Awa historical claims and the ancillary claims, such as the exclusion of the limit on the duration of a trust
5: Part 4
a: the issue of protocols to the Ngāti Awa governance entity by the Minister of Conservation, the Minister of Fisheries, and the Minister for Arts, Culture, and Heritage; and
b: the vesting in the Ngāti Awa governance entity of the fee simple estate in 7 cultural redress properties; and
c: an acknowledgement by the Crown of the statements made by Ngāti Awa of their cultural, spiritual, historical, and traditional association with certain statutory areas, with provision for entering into deeds of recognition in relation to certain statutory areas, together with provisions as to the effect of these instruments; and
d: the establishment of a joint advisory committee to perform specified functions in relation to certain cultural redress properties and retained sites; and
e: the establishment of a joint management committee to perform specified functions in relation to 3 reserves; and
f: the grant of renewable Nohoanga entitlements over certain Nohoanga sites; and
g: the change of a place name and assignment of place names to specified locations; and
h: the preferential right to purchase authorisations if the Minister of Conservation offers, by public tender and Part 7
6: Part 5
7: Part 6
8: Part 7
a: Pukaahu, in the Pukaahu governance entity; and
b: the Rangitaiki 60C settlement land, in the Rangitaiki 60C governance entity; and
c: the Waiohau settlement land, in the Waiohau governance entity.
9: There are 16 schedules that—
a: describe the cultural redress properties:
b: describe the Nohoanga sites:
c: describe the areas over which statutory acknowledgements are made, and set out the texts of Ngāti Awa's statement of association with the areas:
d: list place names to be altered and a place name to be assigned:
e: describe Pukaahu, the Rangitaiki 60C settlement land, and the Waiohau settlement land for the purposes of the ancillary claims. Section 5(4)﻿(d) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements and apology
Sections 7 to 10
7: Text of acknowledgements in Māori—He Whakaaetanga na te Karauna
The text of the acknowledgements in Māori as set out in the Ngāti Awa deed of settlement is as follows:
1: E whakaae ana te Karauna, mai i te tau 1867, kua whai a Ngāti Awa i te tika mō ana whakamau ki te Karauna e mea ana, ahakoa ētahi mahi pai āna i te rau tau rua tekau, kāore i tōtika te mahi a te Karauna ki te whakatika i ngā whakamau a Ngāti Awa. Nā reira e whakaae ana te Karauna i konei ki te tika o ngā kerēme wā roa a Ngāti Awa, ā, e whai iho nei te roanga atu o te whakaaetanga.
2: E whakaae ana te Karauna:
a: i mate ētahi o Ngāti Awa, i wāwāhia ngā rawa o Ngāti Awa i te wā e rapu ana te ope taua a te Karauna i te hunga nā rātou a Fulloon i kōhuru; a
b: mō te pōuri i tau ki runga i a Ngāti Awa e pā ana ki te hopukanga, te whakawāhanga, te mauhereheretanga me te whakamatanga o ngā kai-ārahi o ngā hapū o Ngāti Awa; a
c: mō te mea i tanumia ngā tūpāpaku o Ngāti Awa i mate ki roto i te whare herehere i runga i te tikanga kore, i roto tonu i ngā poupou o te whare herehere, ā, kia taka ki te tau 1988, kātahi anō ka whakahokia rātou ki roto i ngā ringaringa o ō rātou whanaunga; a
d: mō te pā mai o te kino ki runga ki te anga hapori, te mana me te rangatiratanga o aua hapū i riro ō rātou whenua, ō rātou rangatira.
3: E whakaae ana te Karauna:
a: i hē te uta i ngā kupu tangata hara
b: i tangohia ngā whenua me ngā rawa o Ngāti Awa, i tangohia anō hoki ko te rangatiratanga o te iwi ki runga i aua mea; a
c: nā runga i te raupatu o ngā whenua o Ngāti Awa, i tino kaha te paheketanga o te oranga, te ōhanga me te whanaketanga o te iwi, ā, tāpae atu ko te rironga atu o ngā wāhi tapu, me te āheinga ki ngā rawa me ngā tuwheratanga ki te whanaketanga; a
d: i hē tana raupatu i ngā whenua o Ngāti Awa, he mahi mōrikarika, he takahitanga hoki i Te Tiriti o Waitangi me ōna mātāpono, ā, kīia ai e Ngāti Awa he mahi pokanoa
4: E whakaae ana te Karauna:
a: nā te raupatu, i puta ko te whakatoihara, ā, nā ngā tūpuhitanga o Te Kōti Utunga kātahi ka hē rawa atu; a
b: i tukuna e Te Kōti Utunga ngā whenua ki ngā tāngata takitahi, āpa te iwi, te hapū rānei, waihoki, ehara tēnei i te whai i ngā tikanga tūturu mō te tiaki whenua. He mea uta kē ēnei tikanga ki runga i a Ngāti Awa, kāore i whāia ko ngā whakaaro ake o te iwi; a
c: he maha ngā wā, ko tā Te Kōti Utunga he whakamana noa i ngā whakaritenga o mua noa atu a tētahi āpiha Karauna e pā ana ki te tuku haere i te whenua i tēnei takiwā; a
d: he mahi pokanoa noa iho te raupatu haere i ngā whenua, nā te kore whakahoki ōna i ngā whenua katoa ki ērā i noho ki a ia; a
e: nā te hē o te hātepe utunga arā, te nekehanga o ngā hapū o Ngāti Awa, mai i ngā whenua kua roa kē e nōhia ana e rātou, ki ērā whenua o hapū kē, i kaha ake ai te raruraru i waenganui i ngā hapū; a
f: i tohaina ētahi o ngā whenua o Ngāti Awa, tae rawa ki ōna wāhi tapu, ki ētahi atu iwi, me te mea, rite tonu te wehea mai o aua whenua whai muri tata iho o te whiwhinga; a
g: nā ēnei mahi i ngoikore haere ngā tikanga tangata mai rā anō, tae rawa ki te mana me te rangatiratanga o Ngāti Awa. Kāore i tutuki e te Karauna tōna kawenga ki te ārai i a Ngāti Awa i ngā hua kino o ēnei mahi, he takahitanga tēnei o Te Tiriti o Waitangi me ōna mātāpono.
5: E whakaae ana te Karauna:
a: whai muri iho o te takahanga o ngā taitara whenua ki raro i ngā ture whenua Māori, i topea anō ngā pānga whenua o Ngāti Awa, me kī ngā whenua i whakahokia mai i muri o te raupatu, me ērā whenua i waho atu o ngā whenua i raupatutia, mā; a
i: te tango whenua hei utu mō ngā mahi rūri whenua; a
ii: ngā hoko whenua a te Karauna, me ētahi atu momo hoko whenua; a
b: nā te whakamahia me te whakapā o ngā ture whenua Māori, arā, te tuku whenua ki ngā tāngata takitahi o Ngāti Awa, āpā ki te iwi, te hapū rānei, i noho wātea te whenua ki ngā mahi tauwehe, wāwāhi, hoko hoki. Nā tēnei mahi i kaha ake te paheketanga o ngā tikanga a Ngāti Awa, he tikanga i takea mai i te kotahitanga ā-hapū, ā-iwi hoki mō te tiaki i te whenua. Kāore i āta tiakina aua hanga e te Karauna. Ko te otinga atu, ko te paheketanga o Ngāti Awa, me te takahitanga o Te Tiriti o Waitangi me ōna mātāpono.
6: E whakaae ana te Karauna i riro anō i a ia ētahi whenua o Ngāti Awa mā ngā ture hanga tūmatanui, e aha ai, e tarea ai e ia te tango whenua ki te kore e taea he whakaritenga.
7: E whakaae ana te Karauna ki te hui katoahia ngā mahi me ngā mea kāore i mahia e te Karauna, me kī tana kore tiaki i ngā pānga a Ngāti Awa i roto i ngā whenua e hiahia ana ia ki te pupuri, kua kite tātou, i tata te noho a Ngāti Awa hei iwi whenua kore. He takahitanga o Te Tiriti o Waitangi me ōna mātāpono te mahi a te Karauna i tana kore ngana kia rahi te whenua ka noho kei ngā ringaringa o Ngāti Awa e ea ai ōna wawata mō ēnei rā, mō ngā rā kei te tū.
8: E whakaae ana te Karauna:
a: he wāhi nui ngā whenua me ngā rawa i tangohia i a Ngāti Awa, i roto i te oranga me te whanaketanga o tēnei whenua, i te wā e noho whenua kore ana, e kore e āhei ana a Ngāti Awa ki ngā painga mai i aua whenua me aua rawa. Nā tēnei kore mana, kua raruraru a Ngāti Awa me tana whanaketanga taha ōhanga, taha hapori, taha tikanga hoki. Kua raruraru hoki a Ngāti Awa i te kore tarea e ia te uhi i tōna mana ki runga i ōna taonga, i ōna wāhi tapu, me te whakapūmau i ngā hononga wairua ki aua whenua tuku iho; a
b: E aronui ana, e mihi ana te Karauna ki te wāhi ki a Ngāti Awa i roto i ngā whawhai mō te whenua nei, i roto hoki i ngā pakanga o Niu Tīreni ki tāwāhi; a
c: E whakaaturia ana e ngā kupu o te waiata a Ngāti Awa e whai iho nei, ngā mamaetanga me ngā taumahatanga i pā mai i ngā mahi a te Karauna; a Ka noho pani nei. I pani ki te whenua, I pani ki te tangata. Au tangi kau iho i te pō, Ka whakatū ki hea te aroha?
8: Text of acknowledgements in English
The text of the acknowledgements in English as set out in the Ngāti Awa deed of settlement is as follows:
1: The Crown acknowledges that Ngāti Awa have sought redress since 1867, that despite previous efforts made in the 20th century it has failed to deal with the grievances of Ngāti Awa in an appropriate way, and that recognition of these grievances is long overdue. The Crown hereby recognises the legitimacy of the Ngāti Awa historical claims and makes the following acknowledgements.
2: The Crown acknowledges:
a: that Ngāti Awa suffered loss of life and destruction of property during the Crown's expedition to arrest those involved in the murders of Fulloon and others; and
b: the sense of grievance suffered by Ngāti Awa in relation to the arrests, trials, imprisonment, and execution of leaders of Ngāti Awa hapū; and
c: that the remains of the Ngāti Awa men who died in prison were interred without ceremony within the prison walls and were not returned to their whānau until 1988; and
d: the destructive effect of these events on the social structure, mana, and rangatiratanga of the hapū involved who were rendered both landless and leaderless.
3: The Crown acknowledges that:
a: Ngāti Awa as an iwi were not in rebellion and were unfairly labelled as rebels tangata hara
b: Ngāti Awa were deprived of tribal land and resources within the confiscation area and were unable to exercise rangatiratanga over them; and
c: the confiscation of Ngāti Awa tribal land had a devastating effect on the welfare, economy, and development of Ngāti Awa and deprived the iwi of its many wāhi tapu, access to its natural resources, and opportunities for development; and
d: its confiscation of Ngāti Awa land was unjust, unconscionable, and a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles, and was described by Ngāti Awa as he mahi pokanoa—an act without reason
4: The Crown acknowledges that:
a: the prejudice created by the confiscation was compounded by inadequacies in the Compensation Court; and
b: the Compensation Court awarded land to individuals rather than iwi or hapū, which was not consistent with customary tenure. This system was imposed on Ngāti Awa and their views were not sought; and
c: in many cases the Compensation Court validated prior arrangements made by a Crown official regarding the distribution of land in this area; and
d: the confiscations were indiscriminate because of the Court's failure to return land in full to those considered to be loyal; and
e: the compensation process relocated Ngāti Awa hapū from land they had traditionally occupied and cultivated, to land that belonged to other Ngāti Awa hapū which further exacerbated traditional tensions between those hapū; and
f: Ngāti Awa land, including wāhi tapu, was awarded to other iwi who then frequently alienated those lands soon after; and
g: these actions eroded the traditional social structures, mana, and rangatiratanga of Ngāti Awa. The Crown failed to adequately protect Ngāti Awa from the impact of these actions, and this was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
5: The Crown acknowledges that:
a: following the vesting of title under native land laws, Ngāti Awa land holdings, comprising land returned after the confiscation and land outside the confiscation boundaries, were further reduced by:
i: the taking of land for payment of survey liens; and
ii: Crown purchases and other sales; and
b: the operation and impact of the native land laws, in particular the awarding of land to individual Ngāti Awa rather than to iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation. This contributed to the further erosion of the traditional tribal structures of Ngāti Awa which were based on collective tribal and hapū custodianship of land. The Crown failed to take steps to adequately protect those structures. This had a prejudicial effect on Ngāti Awa, and was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
6: The Crown acknowledges that land was also acquired from Ngāti Awa under public works legislation that allowed for the compulsory taking of land if agreement could not be reached.
7: The Crown acknowledges that the cumulative effect of the Crown's actions and omissions, particularly its failure to actively protect Ngāti Awa interests in the land Ngāti Awa wished to retain, left Ngāti Awa virtually landless. The Crown's failure to ensure that Ngāti Awa were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
8: The Crown acknowledges that:
a: the ancestral lands and resources alienated from Ngāti Awa have made a significant contribution to the wealth and development of the nation, whilst Ngāti Awa has been alienated from and deprived of the benefits of those lands and resources. This loss of control over land has prejudiced Ngāti Awa and hindered its economic, social, and cultural development. It has also impeded the ability of Ngāti Awa to exercise control over its taonga and wāhi tapu and to maintain and foster spiritual connections with those ancestral lands; and
b: the Crown also acknowledges, and pays tribute to, the contribution that Ngāti Awa has made to the defence of the nation in New Zealand's war efforts overseas; and
c: the suffering and hardship resulting from the Crown's actions is described by Ngāti Awa in the following waiata: Here I live as an orphan, an orphan upon the land, an orphan among the people. At night I weep helplessly, for where is hospitality to be given?
9: Text of apology in Māori—Ko te Whakapāha a te Karauna
The text of the apology in Māori as set out in the Ngāti Awa deed of settlement is as follows:
1: Ke tuku whakapaha okawa te Karauna ki a Ngāti Awa, e penei ana.
2: E aro nui ana te Karauna ki ngā tono me ngā akiakinga a ngā tīpuna o Ngāti Awa i a rātou i rapu i te utu, i te tika, me te whakaea i roto i ngā tau e 130 kua pahure, mō ngā mahi a te Karauna, ā, i konei ka tuku whakapāha te Karauna ki a rātou, ki ō rātou uri me ngā uri o ngā hapū o Ngāti Awa whānui.
3: E tino pōuri ana, e whakapāha noa ana te Karauna mō ana takatakahi i Te Tiriti o Waitangi me ōna mātāpono, i whakahuatia i runga ake nei.
4: E tino pōuri ana, e whakapāha noa ana te Karauna mō tana raupatu i ngā whenua o Ngāti Awa, he mahi mōrikarika.
5: Ko te mea nui, e tino pōuri ana, e tino whakapāha ana te Karauna mō tana raupatu i ngā whenua o Ngāti Awa, tae rawa ki ngā putanga o ana mahi i tau ki runga i ngā whakatipuranga, ko te otinga atu o aua mahi, kua noho āhua whenua kore a Ngāti Awa, kua turakina ngā hanganga taha hapori, taha tikanga tuku iho, kua takahia te tino rangatiratanga o ngā hapū o Ngāti Awa.
6: E tino pōuri ana, e tino whakapāha ana te Karauna i te mea kua kotahi rau tau e mau ana te kōrero ki runga i a Ngāti Awa iwi, he tangata hara
7: E tino pōuri ana, e tino whakapāha ana te Karauna mō ngā rerekētanga me ngā paheketanga i pā kino mai ki te ora, ki te taha ōhanga me te pakari o te tū a Ngāti Awa hei iwi.
8: E tino pōuri ana, e tino whakapāha ana te Karauna i tana kore aro atu ki te mana me te rangatiratanga o Ngāti Awa.
9: Na reira, i runga i ngā kupu o te whakapāha nei, e rapu ana te Karauna kia ea ēnei mahi hē āna, kia tīmata ngā mahi whakaora; i tua atu, ko tōna hiahia, ki te hanga whakapakari i tētahi hononga e takea mai ana i runga i te wairua whakawhirinaki, tētahi ki tētahi, me te wairua mahi tahi me Ngāti Awa.
10: Text of apology in English
The text of the apology in English as set out in the Ngāti Awa deed of settlement is as follows:
1: The Crown formally apologises to Ngāti Awa as set out in subsections (2) to (9).
2: The Crown recognises the efforts and struggles of the ancestors of Ngāti Awa in pursuit of their claims for redress, justice, and compensation against the Crown for over 130 years, and makes this apology to them, their descendants, and nga uri o nga hapū o Ngāti Awa whanui.
3: The Crown profoundly regrets and apologises unreservedly for the breaches of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles acknowledged above.
4: The Crown profoundly regrets and unreservedly apologises for the confiscation of Ngāti Awa lands which was unconscionable.
5: The Crown profoundly regrets and unreservedly apologises for the cumulative effect of its actions over the generations which has left Ngāti Awa virtually landless, and which has undermined the social and traditional structures and autonomy of Ngāti Awa hapū.
6: The Crown regrets that Ngāti Awa as an iwi have borne the century old stigma of being labelled 'rebels' and 'tangata hara' and that this has damaged the self-esteem of the people.
7: The Crown profoundly regrets and unreservedly apologises for the destructive impact and demoralising effects of its actions which have caused significant damage to the welfare, economy, and development of Ngāti Awa as an iwi.
8: The Crown profoundly regrets its failure to acknowledge the mana and rangatiratanga of Ngāti Awa.
9: Accordingly, with this apology, the Crown seeks to atone for these wrongs and begin the process of healing and looks forward to building a relationship of mutual trust and co-operation with Ngāti Awa.
2: Interpretation
11: Interpretation of Act generally
It is the intention of Parliament that the provisions in this Act are interpreted in a manner that best furthers the agreements expressed in the Ngāti Awa deed of settlement and the ancillary deeds of settlement.
12: Interpretation
In this Act, unless the context otherwise requires,— ancillary claims ancillary deeds of settlement section 161 archaeological site section 6 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 a year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of Wellington and Auckland commercial redress property Commissioner of Crown Lands section 2 consent authority section 2(1) conservation document conservation management plan section 2(1) Crown section 2(1) Crown entity section 2(1) Crown forestry licence section 2(1) cultural redress property Schedule 1 deed of recognition section 48 Director-General section 2(1) DOC protocol section 21
a: sets out how the Department of Conservation will interact with the Ngāti Awa governance entity on the matters specified in the protocol; and
b: provides for Ngāti Awa's input into processes of the department in relation to the matters specified in the protocol; and
c: is in the form set out in schedule 5.21 of the Ngāti Awa deed of settlement DOC protocol area effective date encumbrance sections 127 129 130
a: a tenancy, lease, licence, licence to occupy, easement, covenant, or other third party right,—
i: whether registered or unregistered, that affects a cultural redress property listed in column 3 of Schedule 1
ii: that affects a commercial redress property and is part of the description of the commercial redress property in attachments 8.1 and 8.2 of the deed of settlement; or
b: in the case of the Ōhope Beach Holiday Park land, the existing leases referred to in section 152(7) fisheries legislation
a: the Fisheries Act 1983
b: the Fisheries Act 1996
c: all regulations made under either or both those Acts that remain in force fisheries protocol section 21
a: sets out how the Ministry of Fisheries will interact with the Ngāti Awa governance entity on the matters specified in the protocol; and
b: provides for Ngāti Awa's input into the processes of that Ministry in relation to the matters specified in that protocol; and
c: is in the form set out in schedule 5.22 of the Ngāti Awa deed of settlement fisheries protocol area Heritage New Zealand Pouhere Taonga section 9 licensee local authority section 2(1) management plan section 2 member of Ngāti Awa section 13(1) New Zealand Conservation Authority section 2(1) Ngāti Awa Ngāti Awa tipuna section 13 Ngāti Awa area of interest section 13 Ngāti Awa deed of settlement deed
a: means the Ngāti Awa deed of settlement dated 27 March 2003 signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Dr Sidney Moko Mead, John Mahiti Wilson, Bernard Paul Quinn, Joseph Mason, and Pouroto Nicholas Hamilton Ngaropo for Ngāti Awa; and
b: includes—
i: the schedules of the deed; and
ii: any amendments to the deed or to the attachments to the schedules Ngāti Awa governance entity section 5 Te Runanga o Ngati Awa Act 2005 Ngāti Awa historical claims section 14 offshore islands
a: means the following islands situated in the Bay of Plenty:
i: Motiti Island:
ii: Tokata Island:
iii: Rurima Island:
iv: Moutoki Island:
v: Moutohorā (Whale Island):
vi: Whakāri (White) Island:
vii: Te Paepae o Aotea (formerly Volkner Rocks); and
b: includes any islands, islets, or rocks adjacent to those islands other claimants subparts 4 5 protected New Zealand objects protocol section 21
a: sets out how the Ministry for Culture and Heritage will interact with the Ngāti Awa governance entity on the matters specified in the protocol; and
b: provides for Ngāti Awa's input into the processes of the Ministry in relation to the matters specified in the protocol; and
c: is in the form set out in Schedule 5.23 of the Ngāti Awa deed of settlement protected New Zealand objects protocol area Pukaahu section 161 Pukaahu claimants section 163(1) Pukaahu governance entity section 161 Pukaahu historical claims section 162(1) Rangitaiki 60C claimants section 163(1) Rangitaiki 60C governance entity Rangitaiki 60C settlement land section 161 Rangitaiki 60C historical claims section 162(1) Registrar-General section 4 relevant consent authority representative entity section 14 resource consent section 87 Resource Management Act 1991 responsible Minister subpart 1
a: the Minister of Conservation:
b: the Minister of Fisheries:
c: the Minister for Arts, Culture, and Heritage:
d: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 responsible Ministry subpart 1
a: the Department of Conservation:
b: the Ministry of Fisheries:
c: the Ministry for Culture and Heritage:
d: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 RFR area river settlement date statutory acknowledgement section 40 subpart 3 statutory area Schedule 3 Waiohau claimants section 163(1) Waiohau governance entity Waiohau settlement land section 161 Waiohau historical claims section 162(1) waterway
a: means a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water, and includes a stream and modified watercourse; and
b: includes coastal waters, including harbours; but
c: does not include an artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal. Section 12 antiquities protocol repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 antiquities protocol area repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 archaeological site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 12 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 12 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 protected New Zealand objects protocol inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 protected New Zealand objects protocol area inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006
13: Meaning of Ngāti Awa
1: Ngāti Awa
a: means nga uri o nga hapū o Ngāti Awa (the descendants of hapū of Ngāti Awa); and
b: includes—
i: the collective group composed of individuals referred to in subparagraph (ii); and
ii: every individual who is—
A: descended from a Ngāti Awa tipuna:
B: a member of a hapū, group, family, or whānau referred to in subparagraph (iii) and (iv); and
iii: the hapū of Ngāti Awa; and
iv: any hapū, group, family, or whānau composed of individuals referred to in subparagraph (ii).
2: In this section and section 14 Ngāti Awa tipuna
a: by virtue of being descended from—
i: Awanuiārangi II:
ii: a recognised ancestor of any of the hapū of Ngāti Awa; and
b: at any time after 6 February 1840 predominantly in relation to the Ngāti Awa area of interest.
3: In this section,— customary rights
a: rights to occupy land:
b: rights in relation to the use of:
i: land:
ii: natural or physical resources hapū of Ngāti Awa
a: the following 22 hapū being:
i: Ngāti Hokopu—Te Whare o Toroa:
ii: Ngāti Hokopu—Te Hokowhitu a Tu Ki Te Rahui:
iii: Ngāti Wharepaia:
iv: Ngāti Pūkeko:
v: Ngāti Rangataua:
vi: Ngai Tamapare:
vii: Te Patuwai:
viii: Ngāti Maumoana:
ix: Ngai Taiwhakaea II:
x: Ngāti Hikakino:
xi: Ngai Te Rangihouhiri II:
xii: Te Tawera:
xiii: Nga Maihi:
xiv: Te Pahipoto:
xv: Ngai Tamaoki:
xvi: Ngai Tamawera:
xvii: Tuariki:
xviii: Warahoe:
xix: Ngāti Hamua:
xx: Ngāti Awa ki Tamaki Makaurau:
xxi: Ngāti Awa ki Poneke:
xxii: Te Kahupake; and
b: the following tribal identities, which are incorporated into the hapū listed in paragraph (a):
i: Ngāti Ahi:
ii: Ngāti Hinanoa:
iii: Ngāti Irawharo:
iv: Kahurere:
v: Ngāti Nuku:
vi: Te Patutatahi:
vii: Te Patutahora:
viii: Ngāti Tapatahi Ngāti Awa area of interest
4: For the purposes of the definitions of Ngāti Awa Ngāti Awa tipuna
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with the custom of Ngāti Awa.
14: Meaning of Ngāti Awa historical claims
1: In this Act, Ngāti Awa historical claims
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date) that Ngāti Awa (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, that—
i: is, or is founded on, a right arising—
A: from the Treaty of Waitangi (Te Tiriti o Waitangi) or the principles of the Treaty of Waitangi (Te Tiriti o Waitangi); or
B: under legislation or at common law (including in relation to aboriginal title or customary law); or
C: from fiduciary duty; or
D: otherwise; and
ii: arises from, or relates to, acts or omissions before 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by, or under, legislation; and
b: includes every claim to the Waitangi Tribunal to which paragraph (a) applies, including—
i: the following Wai 46 (Ngāti Awa/Eastern Bay of Plenty) claims that related exclusively to Ngāti Awa (or a representative entity):
A: a general claim of 11 March 1988:
B: an amended claim of 18 July 1989:
C: an amended claim of 8 November 1990:
D: an amended claim of 16 December 1990:
E: a consolidated claim of 8 April 1994:
F: an amended claim of 12 September 2000 (Wai 46 Doc No 1.3(e)); and
ii: the following claims, as far as they relate to Ngāti Awa (or a representative entity):
A: Wai 12 (Motiti Island):
B: Wai 23 (Putauaki):
C: Wai 206 (White Island and Whale Island):
D: Wai 501 (Tarawera Forest Claim No 2):
E: Wai 819 (Waiohau Block No 2 and Rangitaiki Block No 38):
F: Wai 1001 (Whakatāne Township Flooding claim); but
c: does not include the following claims:
i: Wai 411 (Tarawera Forests claim) filed with the Waitangi Tribunal on 14 June 1993 and amended on 26 April 2000:
ii: Wai 888 (Whakatāne Sawmill claim) filed with the Waitangi Tribunal on 1 February 2001:
iii: the ancillary claims:
iv: any claim that a member of Ngāti Awa or a hapū, group, family, or whānau referred to in section 13(1)﻿(b)
v: any claim based on descent from a recognised ancestor of Te Tawera to the extent that the claim is, or is founded on, a right arising from being descended from an ancestor other than Awanuiārangi II:
vi: any claim that a representative entity may have to the extent that the claim is, or is founded on, a claim referred to in subparagraph (iv).
2: In this Act,— representative entity
a: the Ngāti Awa governance entity:
b: any person (including any trust or trustees) acting for, or on behalf of,—
i: the iwi, or collective group, referred to in section 13(1)﻿(a)﻿(i)
ii: any 1 or more of the individuals referred to in section 13(1)﻿(a)﻿(ii)
iii: any 1 or more of the hapū, groups, families, or whānau referred to in section 13(1)﻿(b)
3: Settlement of historical claims and miscellaneous matters
1: Settlement of historical claims
Jurisdiction of courts, etc, removed
15: Settlement of Ngāti Awa historical claims final
1: The settlement of the Ngāti Awa historical claims effected under the Ngāti Awa deed of settlement and of the ancillary claims effected under the ancillary deeds of settlement and this Act is final, and on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
2: Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the Ngāti Awa deed of settlement or the ancillary deeds of settlement.
3: Despite any other enactment or rule of law, on and from settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: any or all of the Ngāti Awa historical claims, the Pukaahu historical claims, the Rangitaiki 60C historical claims, or the Waiohau historical claims; or
b: the Ngāti Awa deed of settlement or the ancillary deeds of settlement; or
c: the redress provided under this Act or under the Ngāti Awa deed of settlement or the ancillary deeds of settlement; or
d: this Act.
4: Subsection (3) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the Ngāti Awa deed of settlement, the ancillary deeds of settlement, or this Act. Treaty of Waitangi Act 1975 amended
16: Jurisdiction of Tribunal to consider claims
Section 16 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Protections no longer apply
17: Certain enactments do not apply
1: Nothing in the enactments listed in subsection (2) applies to the RFR area.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3 Section 17(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Removal of resumptive memorials
1: The chief executive of Land Information New Zealand must, as soon as is reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: solely within the RFR area; and
b: contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 17(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, the memorial that, under an enactment referred to in section 17(2)
2: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
19: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: apply to a document entered into to give effect to the Ngāti Awa deed of settlement (including the deed that grants rights of first refusal referred to in clause 10.3 of the Ngāti Awa deed of settlement) if the application of that rule or the provisions of that Act would otherwise make the document, or the right conferred by the document, invalid or ineffective; or
b: prescribe or restrict the period in which the Rangitaiki 60C governance entity or the Waiohau governance entity may—
i: exist in law; or
ii: deal with property (including income from property). Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19 amended 30 January 2021 section 161 Trusts Act 2019 Date when actions or matters must occur
20: Timing of actions or matters
1: Actions or matters that occur, or are treated as if they had occurred, or are required under this Act occur or take effect on the settlement date.
2: If a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on that other date.
4: Cultural redress
1: Protocols
General provisions
21: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the Ngāti Awa governance entity in the form set out in the schedules to the Ngāti Awa deed of settlement; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1) at the initiative of either—
a: the Ngāti Awa governance entity; or
b: the Minister who issued the protocol.
3: The Minister who issued the protocol may amend or cancel that protocol only after consulting with, and having particular regard to the views of, the Ngāti Awa governance entity.
22: Protocols subject to the Crown's obligations
Protocols do not restrict—
a: the ability of the Crown to perform its functions and duties and exercise its powers in accordance with the law and government policy, which includes (without limitation) the ability to—
i: introduce legislation and change government policy; and
ii: interact or consult with any person the Crown considers appropriate, including, without limitation, any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister and responsible Ministry.
23: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails without good cause to comply with its obligations under a protocol, the Ngāti Awa governance entity may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs in relation to proceedings referred to in subsection (2).
24: Limitation of rights
1: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—
a: the Conservation Act 1987
b: the enactments listed in Schedule 1
2: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights held, managed, or administered under fisheries legislation or under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
3: The protected New Zealand objects protocol protected New Zealand objects or ngā taonga tūturu Protected Objects
4: In this section, protected New Zealand object taonga tūturu section 2 Protected Objects Section 24(3) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 24(4) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Noting of certain protocols
25: Noting of DOC protocol
1: The existence of the DOC protocol must be noted in the conservation documents that affect the DOC protocol area.
2: The noting of the DOC protocol must include a summary of the terms under which the protocol is issued, as set out in Schedule 5.21 of the Ngāti Awa deed of settlement.
3: The noting of the DOC protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
26: Noting of fisheries protocol
1: The existence of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol must include a summary of the terms under which the protocol is issued, as set out in Schedule 5.22 of the Ngāti Awa deed of settlement.
3: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
4: In this section, fisheries plan section 11A
2: Cultural redress properties
Vesting of cultural redress properties
27: Interpretation
In this Act,— Former Matahina A4 Block Schedule 1 Kāpūterangi Schedule 1 Otitapu Pā Schedule 1 Te Ihukatia Schedule 1 Te Paripari Pā Schedule 1 Te Toangapoto Schedule 1 Whakapaukorero Schedule 1
28: Kohi Point Walkway
1: The part of the walkway over Kāpūterangi shown on SO 57035 South Auckland Land District is deemed to be a walkway by the name of Kohi Point Walkway as if it had been declared under section 6
2: Subsection (1) takes effect immediately before the actions described in section 29
3: The Registrar-General must, upon creating a computer free-hold register for Kāpūterangi, note that it is subject to the Kohi Point Walkway.
29: Kāpūterangi
1: The appointment of Whakatāne District Council to control and manage Kāpūterangi as a reserve is revoked.
2: The reservation of Kāpūterangi as a historic reserve subject to section 18
3: The fee simple estate in Kāpūterangi vests in the Ngāti Awa governance entity.
4: Kāpūterangi is declared a reserve and classified as a historic reserve subject to section 18
5: Despite section 16(10)
6: The Ngāti Awa governance entity is the administering body of Kāpūterangi Historic Reserve for the purposes of the Reserves Act 1977
30: Te Paripari Pā
1: The reservation of Te Paripari Pā as a historic reserve subject to section 18
2: The fee simple estate in Te Paripari Pā vests in the Ngāti Awa governance entity.
3: Te Paripari Pā is declared a reserve and classified as a historic reserve subject to section 18
4: Despite section 16(10)
5: The Ngāti Awa governance entity is the administering body of Te Paripari Pā Historic Reserve for the purposes of the Reserves Act 1977
31: Otitapu Pā
1: The reservation of Otitapu Pā as a scenic reserve subject to section 19
2: The fee simple estate in Otitapu Pā vests in the Ngāti Awa governance entity, subject to the protected private land agreement referred in clause 4.4.4 of the Ngāti Awa deed of settlement.
3: On the vesting of Otitapu Pā under subsection (2),—
a: Otitapu Pā becomes protected private land under section 76
b: the protected private land agreement referred to in clause 4.4.4 of the Ngāti Awa deed of settlement is to be treated as if it were an agreement under section 76(1)
4: The Registrar-General must note a memorial on the title of Otitapu Pā recording that it is subject to a protected private land agreement.
5: If the parties agree to terminate the protected private land agreement referred to in subsection (4), the Registrar-General must, on receipt of notification to that effect from the Minister of Conservation, remove the notation required by that subsection from the computer freehold register that relates to the land.
32: Te Toangapoto
1: The vesting of Te Toangapoto in the Whakatāne District Council is cancelled.
2: The reservation of Te Toangapoto as a recreation reserve subject to section 17
3: The fee simple estate in Te Toangapoto vests in the Ngāti Awa governance entity.
4: Te Toangapoto is declared a reserve and classified as a recreation reserve subject to section 17
5: Despite section 16(10)
6: The Ngāti Awa governance entity is the administering body of Te Toangapoto Recreation Reserve for the purposes of the Reserves Act 1977
33: Te Ihukatia
1: The reservation of Te Ihukatia as a recreation reserve subject to section 17
2: The fee simple estate in Te Ihukatia vests in the Ngāti Awa governance entity.
3: Te Ihukatia is declared a reserve and classified as a recreation reserve subject to section 17
4: Despite section 16(10)
5: The Ngāti Awa governance entity is the administering body of Te Ihukatia Recreation Reserve for the purposes of the Reserves Act 1977
34: Whakapaukorero
1: The reservation of Whakapaukorero as a scenic reserve subject to section 19
2: The fee simple estate in Whakapaukorero vests in the Ngāti Awa governance entity.
3: Whakapaukorero is declared a reserve and classified as a historic reserve subject to section 18
4: Despite section 16(10)
5: The Ngāti Awa governance entity is the administering body of the historic reserve declared by subsection (3) for the purposes of the Reserves Act 1977
35: Former Matahina A4 Block
1: The fee simple estate in the Former Matahina A4 Block vests in the Ngāti Awa governance entity.
2: Part 4A
36: Intermediate vesting of certain land in Crown
1: This section applies to the following sites:
a: Kāpūterangi:
b: Otitapu Pā:
c: Te Ihukatia:
d: Te Paripari Pā:
e: Te Toangapoto:
f: Whakapaukorero.
2: On the revocation under this subpart of the reserve status of the sites referred to in subsection (1), the sites vest in the Crown as Crown land and become subject to section 82 Provisions relating to vesting of cultural redress properties
37: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to the encumbrances (if any) listed in column 3 of Schedule 1
38: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property that vests in the Ngāti Awa governance entity by virtue of this Act.
2: The Registrar-General must, on written application by an appropriate person, comply with subsections (3) and (4).
3: To the extent that a property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—
a: register the Ngāti Awa governance entity as the proprietor of the fee simple estate in the land; and
b: make those entries in the register and generally do all things necessary to give effect to this subpart and section 4 of the Ngāti Awa deed of settlement.
4: To the extent that a property does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the name of the Ngāti Awa governance entity, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in that written application.
5: Subsection (4) applies subject to completing any survey necessary to create a computer freehold register.
6: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the vesting of the property in the Ngāti Awa governance entity; or
b: any later date that may be agreed in writing by the Ngāti Awa governance entity and the Crown.
7: In this section, appropriate person
a: the Director-General, for the sites described in sections 29 to 34 152
b: the Secretary to the Treasury, for the site described in section 35
39: Application of other enactments
1: Sections 24 25
2: Section 11 Part 10
a: the vesting in the Ngāti Awa governance entity of the fee simple estate in a cultural redress property under this subpart; or
b: a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in a cultural redress property under this subpart.
3: Sections 78(1)﻿(a) 79 to 81
4: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit sections 10 11
b: affect private rights to subsurface minerals.
5: Except as provided in section 35 Part 4A sections 24(2A) 24A 24AA
3: Statutory acknowledgements and deeds of recognition
Statutory acknowledgements
40: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Ngāti Awa of the particular cultural, spiritual, historical, and traditional association of Ngāti Awa with the statutory areas listed in Parts 1 2 Schedules 4 to 14
41: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 42 to 44
b: to require relevant consent authorities to forward summaries of resource consent applications to the Ngāti Awa governance entity, as provided for in section 46
c: to enable the Ngāti Awa governance entity and a member of Ngāti Awa to cite the statutory acknowledgements as evidence of the association of Ngāti Awa with the relevant statutory areas, as provided for in section 47
d: to provide a statement by Ngāti Awa, for inclusion in a deed of recognition, of the association of Ngāti Awa with a statutory area.
2: This section does not limit the operation of sections 54 to 57 Section 41(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
42: Consent authorities must have regard to statutory acknowledgements
1: From the effective date, a relevant consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C
2: Subsection (1) does not limit the obligations of a relevant consent authority under Part 2
43: Environment Court to have regard to statutory acknowledgements
1: From the effective date, the Environment Court must have regard to a statutory acknowledgement in determining under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under Part 2
44: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1) Section 44 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
45: Recording statutory acknowledgements on statutory plans
1: From the effective date, local authorities with jurisdiction in an area that includes a statutory area must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
2: The attachment of information under subsection (1) to a statutory plan—
a: may be by reference to this subpart or by setting out the statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan (unless adopted by the relevant local authority); or
ii: subject to the provisions of Schedule 1
3: In this section, statutory plan
a: means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1)
b: includes a proposed policy statement provided for in Schedule 1
46: Distribution of resource consent applications to Ngāti Awa governance entity
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the Ngāti Awa governance entity a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.
2: The information provided under subsection (1) must be—
a: the same as would be given under section 93
b: provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C
3: The Ngāti Awa governance entity may, by notice in writing to a relevant consent authority,—
a: waive its rights to be notified under this section; and
b: state the scope of that waiver.
4: This section does not affect the obligation of a consent authority to—
a: notify an application in accordance with sections 93 to 94C
b: form an opinion as to whether the Ngāti Awa governance entity is a person that is likely to be adversely affected under those sections.
47: Use of statutory acknowledgement
1: The Ngāti Awa governance entity and a member of Ngāti Awa may, as evidence of the association of Ngāti Awa with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: relevant consent authorities:
b: the Environment Court:
c: Heritage New Zealand Pouhere Taonga:
d: parties to proceedings before those bodies:
e: any other person able to participate in those proceedings.
3: Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Neither the Ngāti Awa governance entity nor a member of Ngāti Awa is precluded from stating that Ngāti Awa have an association with a statutory area that is not described in the statutory acknowledgement.
5: The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4). Section 47(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 47(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Deeds of recognition
48: Authorisation to enter into and amend deeds of recognition
A Minister of the Crown with statutory responsibility for land within a statutory area, or the Commissioner of Crown Lands, may—
a: enter into deeds of recognition with the Ngāti Awa governance entity—
i: in respect of the land within the statutory areas referred to in Part 2
ii: in the form set out for each statutory area (or part of an area) in the schedules of the Ngāti Awa deed of settlement; and
b: amend a deed of recognition by entering into a deed with the Ngāti Awa governance entity to amend that deed of recognition.
49: Purpose of deed of recognition
1: The only purpose of a deed of recognition is to require that the Ngāti Awa governance entity be consulted, and regard be had to its views, as provided for in the Ngāti Awa deed of settlement and in each deed of recognition.
2: Subsection (1) does not limit or affect sections 54 to 57
50: Termination of deeds of recognition
A deed of recognition terminates in respect of a statutory area, or part of it, if—
a: the Ngāti Awa governance entity and a Minister of the Crown or the Commissioner of Crown Lands agree in writing that a deed of recognition is no longer appropriate for the area concerned; or
b: the area concerned is disposed of by the Crown; or
c: there is a change in the Minister or department of State responsible for the management of the area concerned.
51: Crown management
The entry into a deed of recognition does not, in relation to a statutory area to which the deed of recognition applies,—
a: require the Crown to increase or resume management or administrative functions; or
b: preclude the Crown from undertaking only limited management or administrative functions. Application of statutory acknowledgements and deeds of recognition in relation to rivers
52: Statutory acknowledgements in relation to rivers
If a statutory acknowledgement relates to a river, the statutory acknowledgement does not include—
a: a part of the bed of the river that is not owned by the Crown; or
b: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
c: an artificial watercourse; or
d: a tributary flowing into the river.
53: Deeds of recognition for rivers
If a deed of recognition relates to a river, that deed of recognition relates only to the bed of the river, which does not include—
a: a part of the bed that is not owned and managed by the Crown; or
b: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
c: the bed of an artificial watercourse; or
d: the bed of a tributary flowing into the river. General provisions
54: Crown not precluded from granting other statutory acknowledgements or deeds of recognition
Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngāti Awa or the Ngāti Awa governance entity with respect to the same area.
55: Exercise of powers, duties, and functions not affected
1: Except as expressly provided in this subpart,—
a: neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw may give greater or lesser weight to the association of Ngāti Awa with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.
2: Subsection (1)﻿(b) does not affect the operation of subsection (1)﻿(a).
56: Rights not affected
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the Ngāti Awa deed of settlement.
57: Limitation of rights
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. Amendment to Resource Management Act 1991
58: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
4: Joint advisory committee for Matata Scenic Reserve, Whakapaukorero, and Te Awa a Te Atua
59: Interpretation
In this subpart, unless the context otherwise requires,— joint advisory committee committee Matata Scenic Reserve Minister retained sites
a: Te Awa a Te Atua; and
b: Matata Scenic Reserve (excluding Whakapaukorero) Te Awa a Te Atua Whakapaukorero section 27 Membership of joint advisory committee
60: Appointment of members of joint advisory committee
1: The Minister must appoint the members of the joint advisory committee in accordance with section 61
2: Every member of the committee is appointed by notice published in the Gazette
3: The notice of appointment must specify each member's term of office.
4: A member takes office for a term of 5 years from the date specified in the notice of appointment and may be reappointed.
61: Constitution of joint advisory committee
The joint advisory committee must consist of not more than 4 members, being—
a: 2 members nominated by the Ngāti Awa governance entity:
b: 2 members nominated by the Director-General.
62: Functions of joint advisory committee
The functions of the joint advisory committee are to advise—
a: the Minister and Director-General on conservation matters affecting the retained sites; and
b: the Ngāti Awa governance entity on conservation matters affecting Whakapaukorero.
63: Advice on retained sites
1: The Minister and the Director-General must consult with, and have regard to the views of, the joint advisory committee in relation to conservation matters affecting the retained sites.
2: The Director-General must, in particular, consult with, and have regard to the advice of, the joint advisory committee in relation to—
a: the preparation of conservation management plans; and
b: annual planning, including the setting of annual conservation priorities.
64: Advice on Whakapaukorero
The Ngāti Awa governance entity must have regard to the advice of the joint advisory committee in relation to conservation matters affecting Whakapaukorero. Procedures of joint advisory committee
65: Meetings of committee
1: Except as otherwise provided in this section, the joint advisory committee may regulate its own procedure.
2: Unless the members of the committee agree otherwise,—
a: members must appoint the chairperson of the committee; and
b: the committee must meet twice a year; and
c: the chairperson of the committee has a casting vote.
66: Vacancy in membership of committee
No act or proceeding of the joint advisory committee is invalid merely because of a failure of the Ngāti Awa governance entity or the Director-General to nominate persons as members of the committee under section 61 Funding provisions
67: Costs and expenses of committee
1: The Crown must pay the members of the joint advisory committee nominated by the Director-General, the actual and reasonable costs and expenses incurred by members of the committee acting in their capacity as members.
2: The Crown must meet the proportion of the administrative costs and expenses of the joint advisory committee that equates to the proportion of members nominated by the Director-General to the total number of members of the committee.
3: The Ngāti Awa governance entity must meet the costs as set out in clause 5.3.6 of the Ngāti Awa deed of settlement. Change in ownership of retained sites
68: Change in ownership of retained sites
1: The Crown may vest parts of the retained sites in 1 or more other claimants on terms that are similar to the vesting of Whakapaukorero in the Ngāti Awa governance entity.
2: If any part of the retained sites is vested in other claimants under subsection (1), then, despite section 61 Exercise of powers by Minister
69: Minister must consult with committee before exercising powers in relation to certain matters
The Minister must consult with the joint advisory committee if the Minister intends to exercise his or her powers to—
a: discharge the joint advisory committee; or
b: change the composition of the joint advisory committee appointed under section 61 section 68
70: Section 9 of Reserves Act 1977 not to apply
Section 9
5: Joint management committee for Moutohorā (Whale Island) Wildlife Management Reserve, Ōhope Scenic Reserve, and Tauwhare Pā Scenic Reserve
71: Interpretation
In this subpart, unless the context otherwise requires,— Bay of Plenty Conservation Board section 6L Commissioner section 2(1) joint management committee jointly managed sites
a: Moutohorā (Whale Island) Wildlife Management Reserve; and
b: Ōhope Scenic Reserve; and
c: Tauwhare Pā Scenic Reserve Minister Moutohorā (Whale Island) Wildlife Management Reserve Ōhope Scenic Reserve Tauwhare Pā Scenic Reserve Membership of joint management committee
72: Appointment of members of joint management committee
1: The Minister must appoint the members of the joint management committee in accordance with section 73
2: Every member of the committee is appointed by notice published in the Gazette
3: A member takes office for a term of 5 years from the date specified in the notice of appointment, and may be reappointed.
4: The Minister may, from time to time, appoint additional members and remove members (including individuals nominated by other claimants).
73: Constitution of joint management committee
1: The joint management committee must consist of:
a: 2 members nominated by the Director-General to the Minister:
b: 3 members nominated by the Ngāti Awa governance entity to the Director-General:
c: 1 member nominated by the Bay of Plenty Conservation Board to the Director-General.
2: Unless all members of the committee agree otherwise, members must appoint a chairperson.
74: Powers and functions delegated to joint management committee
1: The Minister must delegate to the joint management committee the Minister's powers and functions under the Reserves Act 1977
2: The Minister and the Commissioner must delegate to the committee their powers and functions under section 22(5)
3: The powers and functions delegated under subsection (2) include the power to grant a permit to members of Ngāti Awa to enter the Moutohorā (Whale Island) Wildlife Management Reserve for the purpose of collecting relevant hangi stones in accordance with section 86
4: The delegations under subsections (1) and (2)—
a: must be in writing; and
b: may be revoked by the Minister in accordance with section 84
5: The delegations by the Minister under this section do not prevent the Minister from exercising the powers and functions concerned.
75: Functions of joint management committee
The functions of the joint management committee are to—
a: exercise the delegations referred to in section 74(1) and (2)
b: advise the Minister, the Director-General, the New Zealand Conservation Authority, and the Bay of Plenty Conservation Board in relation to the conservation of the jointly managed sites.
76: Advice on conservation matters
The Minister, the Director-General, the New Zealand Conservation Authority, and the Bay of Plenty Conservation Board must consult with, and have regard to the advice of, the joint management committee in relation to the conservation of the jointly managed sites and, in particular, concerning the following:
a: the development of conservation policy:
b: conservation management:
c: annual business planning.
77: Committee to be Conservation Board for jointly managed sites
1: The joint management committee has, for the purposes of section 40B section 6L
2: To avoid doubt, the relevant Conservation Board must not exercise any of the powers and functions referred in subsection (1) in relation to the jointly managed sites. Procedures of joint management committee
78: Meetings of committee
1: Except as otherwise provided in this section, the joint management committee may regulate its own procedure.
2: Unless the members of the committee agree otherwise,—
a: the committee must meet twice a year; and
b: the chairperson of the committee has a casting vote.
79: Vacancy in membership of committee
No act or proceeding of the joint management committee is invalid merely because of a failure of the Ngāti Awa governance entity or the Director-General to nominate persons as members of the committee under section 73 Funding provisions
80: Remuneration of members
1: Members of the joint management committee are entitled to receive, out of public money appropriated by Parliament for the purpose, remuneration by way of salary, fees, or otherwise and travelling allowances or travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
2: Subsection (1) applies to members who are not members by virtue of being officers of any department of State.
81: Amendment to Fees and Travelling Allowances Act 1951
Amendment(s) incorporated in the Act(s)
82: Costs and expenses of committee
The Crown must meet, out of public money appropriated by Parliament for the purpose, the reasonable administrative costs and expenses of the joint management committee. Exercise of powers by Minister
83: Minister may discharge committee or appoint new committees
The Minister may, from time to time,—
a: discharge the joint management committee; or
b: discharge the committee and appoint in its place any number of new committees to exercise all or any of the powers and functions delegated to, or conferred on, the committee.
84: Minister must consult committee before exercising powers in relation to certain matters
The Minister must consult with the joint management committee before exercising his or her powers to—
a: change the composition of the committee appointed under section 72
b: revoke a delegation to the committee under section 74(4)
c: discharge the committee under section 83(a)
85: Section 9 of Reserves Act 1977 not to apply
Section 9 Right to extract hangi stones from Moutohorā (Whale Island) Wildlife Management Reserve
86: Extraction of hangi stones from Moutohorā (Whale Island) Wildlife Management Reserve
1: Section 8
2: The conditions are that the relevant hangi stones—
a: are loose; and
b: are extracted—
i: by hand and without causing disturbance to the ground; and
ii: by a member of Ngāti Awa who has been given a permit under section 22(5)
3: In this section,— hangi stones relevant hangi stones
87: Amendment to section 8 of Crown Minerals Act 1991
Amendment(s) incorporated in the Act(s)
6: Nohoanga entitlements
88: Interpretation
In this subpart, unless the context otherwise requires,— entitlement land land holding agent Nohoanga entitlement
a: under this subpart; and
b: over the sites described in Schedule 2 section 106 section 107
c: in the form provided for under section 89(3) Nohoanga site
a: described in Schedule 2
b: granted as a replacement site under section 106 section 107
89: Grant and renewal of Nohoanga entitlements
1: The Crown must, in accordance with this subpart, grant to the Ngāti Awa governance entity a Nohoanga entitlement over each Nohoanga site.
2: The grant of a Nohoanga entitlement must be for an initial term of 10 years beginning on the settlement date.
3: The grant referred to in subsection (1) must be made in the form set out in Schedule 5.20 of the Ngāti Awa deed of settlement, or as varied in accordance with section 91
4: Ngāti Awa may renew a Nohoanga entitlement for further terms of 10 years unless the entitlement is terminated under section 106 section 107
90: Notification of Nohoanga entitlement
1: The land holding agent must notify the grant of a Nohoanga entitlement in the Gazette
2: The chief executive of Land Information New Zealand must note in his or her records the grant of a Nohoanga entitlement and the notice in the Gazette
3: Subsections (1) and (2) apply to the renewal of a Nohoanga entitlement as if it were the grant of the Nohoanga entitlement.
91: Terms and conditions of Nohoanga entitlement may be varied
1: The form of a Nohoanga entitlement granted under section 89(3)
a: the addition, at the time of the grant of a Nohoanga entitlement, of terms reasonably required by the Crown to protect and preserve—
i: the land over which the Nohoanga entitlement is granted:
ii: the surrounding land:
iii: associated flora and fauna; or
b: agreement between the land holding agent and the Ngāti Awa governance entity.
2: Additional terms and terms varied under subsection (1) must be in writing and must not be inconsistent with this subpart.
92: Purpose of Nohoanga entitlements
A Nohoanga entitlement is granted to the Ngāti Awa governance entity for the purpose of permitting members of Ngāti Awa to occupy land, temporarily, exclusively, and on a non-commercial basis,—
a: so as to have access to a waterway for lawful fishing; and
b: for the lawful gathering of other natural resources in the vicinity of the entitlement land.
93: Occupation of Nohoanga entitlements by members of Ngāti Awa
1: The Ngāti Awa governance entity has the right to permit members of Ngāti Awa to occupy entitlement land—
a: for the purpose of the entitlement, as set out in section 92
b: to the exclusion of other persons during the period or periods that it exercises the right to occupy the site.
2: Subsection (1) applies subject to sections 94 to 99
94: Period of occupation of Nohoanga entitlements
1: The Ngāti Awa governance entity may permit members of Ngāti Awa to occupy the entitlement land for any period or periods in a calendar year that do not exceed 210 days in total.
2: The Ngāti Awa governance entity must not permit members of Ngāti Awa to occupy the entitlement land in a calendar year during the period beginning on 1 May and ending at the close of 15 August.
95: Right to erect temporary dwellings
1: The Ngāti Awa governance entity may permit members of Ngāti Awa, while occupying the entitlement land under a Nohoanga entitlement, to erect camping shelters or similar temporary dwellings on the land.
2: The Ngāti Awa governance entity must ensure the removal of camping shelters or similar temporary dwellings erected on entitlement land whenever the right to occupy the entitlement land is not being exercised.
96: Condition of land when occupation ceases
1: The Ngāti Awa governance entity must, whenever members of Ngāti Awa permitted to occupy entitlement land under section 93
2: The requirement to leave the site in substantially the same condition under subsection (1) includes the obligation to remove rubbish and waste from the entitlement land and any adjacent reserve.
3: Subsection (1) does not apply to temporary effects normally associated with occupation of entitlement land under a Nohoanga entitlement.
97: Activities on entitlement land
1: This section applies subject to section 95
2: The Ngāti Awa governance entity may, with the consent of the land holding agent, undertake other activities on entitlement land that are reasonably necessary for the Nohoanga entitlement to be used for the purpose set out in section 92
3: When applying for the land holding agent's consent, the Ngāti Awa governance entity must provide to the land holding agent details relating to the proposed activities, including (but not limited to)—
a: the effect of the activities—
i: on the entitlement land; and
ii: if the entitlement land is held under the Conservation Act 1987 or an Act listed in Schedule 1
b: measures that the Ngāti Awa governance entity proposes to take (if the land holding agent's consent is given) to avoid, remedy, or mitigate adverse effects.
4: In considering whether to give consent in relation to land held under the Conservation Act 1987 or an Act listed in Schedule 1
5: The giving of consent is at the complete discretion of the land holding agent.
6: The land holding agent may give consent subject to any conditions that he or she thinks fit to impose.
7: Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 or an Act listed in Schedule 1
8: If the Crown has complied with its obligations under a Nohoanga entitlement, the Crown is not liable to compensate the Ngāti Awa governance entity (whether on termination of a Nohoanga entitlement or at another time) for activities under-taken by the Ngāti Awa governance entity on the entitlement land. Obligations relating to Nohoanga entitlements
98: Nohoanga entitlements must not impede public access
The grant and exercise of a Nohoanga entitlement must not impede access by members of the public along a waterway.
99: The Crown's functions to continue
The grant and exercise of a Nohoanga entitlement does not prevent agents of the Crown or persons exercising statutory powers from undertaking their functions in relation to the entitlement land.
100: Nohoanga entitlement does not restrict the Crown's right to alienate land
The grant and exercise of a Nohoanga entitlement does not restrict the Crown's right to alienate any entitlement land, land adjacent to the entitlement land, or land adjacent to an associated waterway.
101: Ngāti Awa governance entity may enforce rights against other persons
While members of Ngāti Awa are occupying entitlement land under a Nohoanga entitlement, the Ngāti Awa governance entity may enforce its rights under the Nohoanga entitlement against persons who are not parties to the Ngāti Awa deed of settlement as if the Ngāti Awa governance entity were the owner of the entitlement land.
102: The Crown's obligation to provide lawful access
1: If an event described in subsection (2) occurs during the term of a Nohoanga entitlement, the Crown must ensure that the Ngāti Awa governance entity continues, for the rest of the term, to have the same type of lawful access to the entitlement land as it had before the event occurred.
2: The events are—
a: the alienation by the Crown of land adjacent to the entitlement land:
b: a change in the classification or status of land adjacent to the entitlement land.
3: The Crown's obligation in subsection (1) is subject to compliance with all applicable provisions in or under any other enactment.
103: Compliance with laws, bylaws, and land and water management practices
1: The Ngāti Awa governance entity, members of Ngāti Awa permitted to occupy entitlement land under section 93
2: The land holding agent, in carrying out land and water management practices that relate to the entitlement land, must—
a: have regard to the existence of a Nohoanga entitlement; and
b: notify the Ngāti Awa governance entity of an activity that may adversely affect the governance entity's use of the land; and
c: avoid unreasonable disruption to the Ngāti Awa governance entity's use of the land.
3: The Ngāti Awa governance entity is subject to any requirement to apply for resource consents for activities on the entitlement land.
4: Subsection (3) does not limit subsection (1).
5: In this section, activities section 97
104: Rights of Ngāti Awa governance entity under Nohoanga entitlement not assignable
The rights of the Ngāti Awa governance entity under a Nohoanga entitlement are not assignable. Suspension and termination of Nohoanga entitlement
105: Suspension of Nohoanga entitlement
1: The land holding agent may suspend a Nohoanga entitlement in accordance with this section.
2: The land holding agent must not suspend a Nohoanga entitlement unless he or she first—
a: consults the Ngāti Awa governance entity; and
b: has particular regard to the views of the Ngāti Awa governance entity.
3: The land holding agent must not suspend a Nohoanga entitlement unless he or she considers the suspension necessary for the management of the land, having regard to the purposes for which the land is held by the land holding agent.
4: If a Nohoanga entitlement is suspended, the Ngāti Awa governance entity may, after the end of the suspension, permit members of Ngāti Awa to occupy the entitlement land for a period equal to the period of the suspension.
5: The occupation of the entitlement land under subsection (4) is not subject to the restriction under section 94(2)
106: Termination of Nohoanga entitlement
1: The Ngāti Awa governance entity and the Crown may terminate a Nohoanga entitlement by agreement in writing.
2: The Crown may terminate a Nohoanga entitlement by giving written notice to the Ngāti Awa governance entity on 1 or more of the following grounds:
a: that the Crown has alienated the entitlement land:
b: that the entitlement land has, by a natural cause, been destroyed or permanently and detrimentally affected:
c: that the entitlement land is on reserve land that is required for the specific purpose for which it was held as a reserve:
d: that the entitlement land was an unformed legal road that is now formed:
e: subject to section 102
3: On the termination of a Nohoanga entitlement under this section, the Crown must take all reasonable steps to grant replacement entitlement land to the Ngāti Awa governance entity.
4: Subsection (3) does not apply in relation to a Nohoanga entitlement if the fee simple estate in the entitlement land is vested in the Ngāti Awa governance entity.
5: The grant of replacement entitlement land under subsection (3) must be over land that complies with clause 5.6.19(e) of the Ngāti Awa deed of settlement.
107: Termination of Nohoanga entitlement for breach of obligations
1: This section applies if the Ngāti Awa governance entity defaults in performing any of its obligations under a Nohoanga entitlement.
2: If the default is capable of remedy, the Crown may give notice to the Ngāti Awa governance entity in writing, specifying the default and the remedy for the default required by the Crown.
3: The remedy required by the Crown must be reasonable in the circumstances.
4: If, at the end of 41 business days after notice is given by the Crown under subsection (2), the Ngāti Awa governance entity has not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the Ngāti Awa governance entity.
5: If the default is not capable of remedy, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the Ngāti Awa governance entity.
6: The Ngāti Awa governance entity may, not earlier than 2 years after the termination of a Nohoanga entitlement under this section, apply to the Minister of Māori Affairs for the grant of a replacement Nohoanga entitlement that complies with clause 5.6.5 of the Ngāti Awa deed of settlement.
7: On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Nohoanga entitlement over land that—
a: complies with clause 5.6.5 of the Ngāti Awa deed of settlement; and
b: is identified by similar processes used by the Crown and Ngāti Awa to identify Nohoanga sites before entering into the Ngāti Awa deed of settlement.
108: Notification of termination of Nohoanga entitlement
1: If a Nohoanga entitlement is terminated under section 106 section 107 Gazette
2: The chief executive of Land Information New Zealand must note in his or her records the termination of the Nohoanga entitlement and its notification in the Gazette Rights not affected or created
109: Rights of other parties not affected
Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not affect the lawful rights or interests of a person who is not a party to the Ngāti Awa deed of settlement.
110: No creation of rights in entitlement land
Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the entitlement land. Application of other enactments
111: Part 3B of Conservation Act 1987 not to apply
Part 3B
112: Local Government (Rating) Act 2002
1: To avoid doubt, section 8(1) and (3)
2: The Ngāti Awa governance entity must reimburse the owner of the entitlement land for rates payable under section 9
113: Section 44 of Reserves Act 1977 not to apply
Section 44
114: Section 11 and Part 10 of Resource Management Act 1991 not to apply
The grant of a Nohoanga entitlement is not a subdivision for the purposes of section 11 Part 10
7: Place names
115: Change of names: general
1: The existing place name in column 1 of Part 1
2: The place name in column 1 of Part 2
3: The changes made under subsections (1) and (2) are to be treated as made—
a: with the approval of the New Zealand Geographic Board; and
b: in accordance with the New Zealand Geographic Board Act 1946
116: Change of name of Thornton Lagoon Wildlife Management Reserve
Under section 16(10)
8: Coastal tendering
117: Interpretation
In this subpart, unless the context otherwise requires,— authorisation section 161 coastal marine area section 2(1) Minister specified coastal marine area A
118: Preferential right to purchase authorisations
1: If the Minister offers authorisations for a part of the specified coastal marine area by public tender under Part 7
2: The preferential right referred to in subsection (1) must be exercised in accordance with the process set out in Schedule 5.26 of the Ngāti Awa deed of settlement.
119: Limit on proportion of authorisations able to be purchased
1: The authorisations that the Ngāti Awa governance entity has a preferential right to purchase under section 118
a: not exceed in area 5% of the authorisations granted or proposed to be granted by the Minister in the public tender for the specified coastal marine area; and
b: be of not less than fair average quality in terms of the relevant portion of the specified coastal marine area, relative to the quality of those portions for all other authorisations that are granted in that public tender.
2: The limit specified in subsection (1)﻿(a) may be exceeded if the size and shape of the part of the specified coastal marine area for the authorisations to which that tender round relates make it impractical to comply with the limitation.
120: Ngāti Awa governance entity treated as having made tender
1: If the Ngāti Awa governance entity has a preferential right under section 118 section 158
2: The tender of the Ngāti Awa governance entity under subsection (1) must be treated as the most preferred tender by the Minister for the relevant authorisations if, in response to an offer made by public tender under Part 7
a: receives no tenders; or
b: considers that he or she would reject every tender received.
121: Exercise of powers, duties, and functions
Except as expressly provided in this subpart, nothing in this subpart affects the powers, duties, and functions of the Minister under Part 7
122: Rights not affected
Except as expressly provided in this subpart, the provisions of this subpart do not affect the lawful rights or interests of a person who is not a party to the Ngāti Awa deed of settlement.
123: Limitation of rights
Except as expressly provided in this subpart,—
a: the preferential right provided to the Ngāti Awa governance entity under this subpart does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the specified coastal marine area:
b: nothing in this subpart limits or affects the rights of Ngāti Awa to acquire authorisations or otherwise exercise a statutory right, power, or privilege under Part 7
9: Whakatāne Airport land
124: Interpretation
In this subpart, unless the context otherwise requires,— Minister Whakatāne Airport land
125: Whakatāne Airport land may be vested in Ngāti Awa governance entity
1: This section applies if the Minister—
a: considers that all or any part of the Whakatāne Airport land is not required for aerodrome purposes; and
b: exercises his or her powers under section 24 Gazette
2: For the purposes of subsection (1)﻿(a), the Minister may consider that any part of the Whakatāne Airport land is still required for aerodrome purposes even if it is being put to another use if—
a: the use is lawful; and
b: some other part of the land is being used for aerodrome purposes.
3: The Minister must not give notice in the Gazette section 127
4: On revocation of the reserve status under subsection (1)﻿(b), that part of the Whakatāne Airport land vests in the Ngāti Awa governance entity.
126: Matters relating to vesting under section 125
1: Except as provided in section 125
a: affect the functions and powers of the Minister under the Reserves Act 1977
b: affect the functions and powers of the local authority in which the Whakatāne Airport land is vested as a reserve for aerodrome purposes under the Reserves Act 1977 Airport Authorities Act 1966
c: mean or imply that the Minister will revoke the reserve status of the Whakatāne Airport land (or part of it); or
d: give any member of Ngāti Awa, the Ngāti Awa governance entity, or any representative entity any further right of action in respect of the exercise of any functions or powers under the Reserves Act 1977 section 125(4)
2: Despite sections 3A(1), (7), and (7A)
127: Notice to interest holders
1: In determining under section 25(2) Gazette
2: The Minister must give notice in writing to the persons listed in subsection (3) of the restrictions, encumbrances, liens, and interests that the Minister intends to specify and those that he or she intends not to specify in the Gazette
3: The persons are—
a: the Ngāti Awa governance entity; and
b: every person who would be entitled to enforce the restriction, encumbrance, lien, or interest if it were valid.
4: If it is impracticable to give notice to every person under subsection (3)﻿(b), that subsection may be complied with by publishing a notice in a daily newspaper circulating in the district of the Whakatāne District Council in relation to the matter.
128: No change in classification or purpose
Despite sections 24 24A
129: Amendment of computer register
1: This section applies to the extent that land to which the revocation of the reserve status under section 125
2: The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—
a: remove from the certificate or register any restriction, encumbrance, lien, or interest that is not specified in the Gazette
b: remove any statement on the register that the register is issued for leasing purposes only under the Airport Authorities Act 1966
c: remove the notation referred to in section 131
d: register the Ngāti Awa governance entity as the proprietor of the fee simple estate in the land.
130: Creation of computer register
1: This section applies to the extent that—
a: land to which the revocation of the reserve status under section 125
b: there is no certificate of title or computer freehold register for all or part of the land.
2: The Registrar-General must in accordance with a written application by a person authorised by the Director-General, create 1 or more computer freehold registers.
3: For the purposes of subsection (2), if a computer freehold register is created—
a: in the name of the Ngāti Awa governance entity, the Registrar-General must ensure that the register does not contain—
i: any restriction, encumbrance, lien, or interest that is not specified in the Gazette
ii: any statement that the register is issued for leasing purposes only under the Airport Authorities Act 1966
iii: the notation referred to in section 131
b: for the balance of the land, the Registrar-General must ensure that the register contains the same restrictions, encumbrances, liens, interests, or statements to which the land was subject before the Gazette section 131
4: Subsection (2) applies subject to completing any survey necessary to create a computer freehold register.
5: A computer freehold register must be created under this section as soon as is reasonably practicable after the land is vested in the Ngāti Awa governance entity, but no later than—
a: 24 months after the land is vested; or
b: any later date that may be agreed in writing by the Ngāti Awa governance entity and the Crown.
131: Titles to be noted
The Registrar-General must, as soon as is reasonably practicable after the settlement date, note on each of the computer freehold registers referred to in attachment 5.4 of the Ngāti Awa deed of settlement that this subpart applies to the land in the registers.
132: Application of other enactments
1: The vesting in the Ngāti Awa governance entity of the fee simple estate in the Whakatāne Airport land (or part of it) does not—
a: limit sections 10 11
b: affect other rights to subsurface minerals.
2: The vesting in the Ngāti Awa governance entity of the fee simple estate in the Whakatāne Airport land (or part of it) is a disposition for the purpose of Part 4A sections 24(2A) 24A 24AA
3: Section 11 Part 10
a: the vesting in the Ngāti Awa governance entity of the fee simple estate of the Whakatāne Airport land (or part of it):
b: a matter incidental to, or required for, the purpose of vesting the fee simple estate of the land (or part of it).
133: Whakatāne Airport land may be treated as settlement property
If the fee simple estate of the Whakatāne Airport land (or part of it) is vested in the Ngāti Awa governance entity under section 125(4) Part 6
5: Commercial redress properties
1: Transfer of commercial redress properties
134: Transfer of commercial redress properties
1: To give effect to section 8 of the Ngāti Awa deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in a commercial redress property to the Ngāti Awa governance entity:
b: sign a memorandum of transfer or other document, or do any other thing to execute such a transfer or other document.
2: In exercising the powers conferred by subsection (1), the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial redress property.
3: Subsection (2) applies subject to section 137(2)
135: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement over conservation land required by clause 8.4.4 of the Ngāti Awa deed of settlement.
2: An easement granted under subsection (1)—
a: is registrable under section 17ZA(2)
b: is enforceable on its terms despite Part 3B
136: Creation of computer register
1: This section applies to a commercial redress property to the extent that—
a: the property is not all of the land comprised in a certificate of title or computer freehold register; or
b: there is no certificate of title or computer freehold register for all or part of the property.
2: The Registrar-General must, on written application by the appropriate person, comply with subsection (3).
3: The Registrar-General must, in accordance with the application, create 1 or more computer freehold registers in the name of the Crown subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
4: A computer freehold register created in accordance with subsection (3) must be created in the name of the Crown without any statement of purpose.
5: The appropriate person may grant a covenant to arrange for the later creation of 1 or more computer freehold registers for a property that is to be transferred to the Ngāti Awa governance entity.
6: Despite the Land Transfer Act 1952
a: the appropriate person may request the Registrar-General to register a covenant referred to in subsection (5) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
7: In this section, appropriate person
137: Application of other enactments
1: Nothing in section 11 Part 10
a: the transfer to, or leaseback from, the Ngāti Awa governance entity of a commercial redress property to give effect to section 8 of the Ngāti Awa deed of settlement as provided for by section 8 of the deed; or
b: any matter incidental to, or required for the purpose of, that transfer or leaseback.
2: The transfer of a commercial redress property does not—
a: limit sections 10 11
b: affect other rights to subsurface minerals.
3: The transfer of a commercial redress property is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: The land comprised in computer freehold register 113081 is to be treated as no longer—
a: being held as a reserve for a school site; and
b: being subject to the Reserves Act 1977
5: Lots 6 and 7 of DPS 35014, being together the land comprised in computer freehold register SA31B/299, may be disposed of individually and may be held again under separate computer freehold registers despite section 241(2)
138: Roadways and rights of way
The permission of a council under section 348
2: Redress licensed land
139: Interpretation
In this subpart,— protected site
a: each of—
i: Part Section 1 Block III Rotoma Survey District and shown as Otamarakau 3A on ML 22158; and
ii: Part Section 2 and Part Section 30 Block III Rotoma Survey District and shown as Otamarakau 3B on ML 22159; and
iii: Part Section 30 Block III Rotoma Survey District and shown as Otamarakau 3C on ML 22160; and
iv: Part Section 31 Block III Rotoma Survey District and shown as Otamarakau 3D on ML 22161; and
b: any area of land situated within the redress licensed land that—
i: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6
ii: is wahi tapu or a wahi tapu area within the meaning of that Act redress licensed land
a: has the meaning given by clause 8.1 of the Ngāti Awa deed of settlement and is shown on SO 61738 South Auckland Land District as—
i: Part Northern Boundary Licensed Land; and
ii: all Rotoehu East Licensed Land; and
iii: Part Rotoehu West Licensed Land; but
b: excludes, subject to the terms of the Crown forestry licences, all trees and improvements that are excluded from the definition of the land Section 139 protected site replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
140: Redress licensed land ceases to be Crown forest land
1: The redress licensed land ceases to be Crown forest land immediately on registration of the transfer of the fee simple estate in the land to the Ngāti Awa governance entity.
2: Although the redress licensed land does not cease to be Crown forest land until the fee simple estate in the land is registered in the Ngāti Awa governance entity, neither the Crown nor any court or tribunal nor any person may do any thing or omit to do any thing which otherwise would be permitted by the Crown Forest Assets Act 1989
141: Ngāti Awa governance entity confirmed beneficiary of redress licensed land
1: The Ngāti Awa governance entity is, in relation to the redress licensed land,—
a: the confirmed beneficiary under clause 11.1 of the Crown forestry rental trust deed; and
b: the representative referred to in clause 11.5(c) of that deed.
2: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
3: Notice given by the Crown under subsection (2) has effect as if the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
4: In this section, Crown forestry rental trust deed section 34
142: Effect of Crown forestry licences on redress licensed land
1: The Ngāti Awa governance entity is the licensor under any Crown forestry licences in relation to the redress licensed land as if that land had been returned to Māori ownership under section 36
2: To the extent that the Crown has not completed the process described in clause 17.4 of the Crown forestry licences in relation to the redress licensed land before the settlement date, it must continue the process after the settlement date until its completion.
3: For the period from the settlement date until the completion by the Crown of the process referred to in subsection (2), the licence fee payable under the Crown forestry licence in respect of the redress licensed land is the amount described in clause 8.4.3(a) of the Ngāti Awa deed of settlement.
4: To avoid doubt, section 36(1)﻿(b) Right of access over redress licensed land
143: Right of access over redress licensed land
1: The owner of the redress licensed land, or any person holding an interest or occupancy right from the owner, must allow the persons listed in subsection (2) to have access across the redress licensed land to a protected site or Section 32 Block III Rotoma Survey District, as the case may be.
2: The persons are—
a: in respect of a protected site:
i: Māori for whom that protected site is of special spiritual, cultural, or historical significance:
ii: the owner of the protected site, and any person authorised by the owner, for purposes consistent with the status of the site:
b: in respect of Section 32 Block III Rotoma Survey District:
i: the owner of the land, and any person authorised by the owner of the land, for purposes consistent with the status of the land:
ii: the persons referred to in the Notice Setting Apart Māori Freehold Land as a Māori Reservation published in the Gazette
3: The right of access may be exercised by vehicle or by foot over any existing reasonably convenient routes specified by the owner and is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise the right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right must observe any reasonable conditions imposed by the owner that—
i: relate to the time, location, or manner of access; and
ii: are reasonably required for public safety, for the protection of land, improvements, flora and fauna, plant, equipment, and livestock, or for operational reasons.
144: Right of access subject to Crown forestry licence
1: The right of access conferred by section 143
2: An amendment to a Crown forestry licence, or the grant of a new licence, is of no effect to the extent that it purports to—
a: delay the date from which a person who has a right of access under section 143
b: otherwise adversely affect the right conferred by section 143
145: Right of access must be noted on title
A memorandum of transfer referred to in section 134 section 143
3: Right of access over Ngāti Awa land
146: Interpretation
In this subpart, unless the context otherwise requires,— Kaingaroa Forest land Ngāti Awa land owner of Kaingaroa Forest land
a: the Crown, while it holds land in the Kaingaroa Forest land; and
b: each registered proprietor of land in the Kaingaroa Forest land.
147: Right of access over Ngāti Awa land
1: Despite any rule of law or equity to the contrary, the right of access created under clause 8.4.7 of the Ngāti Awa deed of settlement runs with and binds all subsequent owners of the Ngāti Awa land.
2: The right of access referred to in subsection (1) does not of itself create a registrable interest in the Ngāti Awa land, but the operation of this section does not affect the registrability of any document entered into as a result of the exercise of that right.
148: Requirements relating to right of access if Ngāti Awa land transferred
1: If the Ngāti Awa governance entity seeks to transfer its interest in the fee simple estate of the Ngāti Awa land to another person, it must—
a: include in the transfer document a written statement regarding the operation of section 147(1)
b: notify the Registrar-General of his or her obligations under this section relating to the transfer.
2: The Registrar-General must, on receiving notification under subsection (1)﻿(b), note on the computer freehold registers for the transferred land a statement that the land is subject to the right of access referred to in section 147(1)
3: However, if all the owners of the Kaingaroa Forest land agree in writing that a notation under subsection (2) is not required,—
a: the Ngāti Awa governance entity may include a written statement certified by a solicitor of the High Court to that effect with the transfer document relating to the transfer; and
b: the Registrar-General may rely on that statement as conclusive proof that all of the owners of the Kaingaroa Forest land agree that the notation is not required and register the transfer without making the notation.
149: Removal of notation from computer freehold register
1: The registered proprietor of the Ngāti Awa land may apply in writing to the Registrar-General to have a notation made under section 148(2)
2: An application under subsection (1)—
a: may be made only if all of the owners of the Kaingaroa Forest land agree in writing that the notation is no longer required; and
b: the application is certified to that effect by a solicitor of the High Court.
3: On receipt of the application referred to in subsection (1), the Registrar-General must remove the notation from the computer freehold registers concerned.
4: The Registrar-General is entitled to rely on the certified application referred to in subsection (2)﻿(b) as conclusive proof that all of the owners of the Kaingaroa Forest land agree that the notation is no longer required.
150: Application of section 147
Section 147
a: registers a transfer from the Ngāti Awa governance entity to another person and does not make a notation; or
b: removes a notation from the register in accordance with section 149(3)
151: Effect of right of access on Crown forestry licences
1: The right of access referred to in section 147(1)
2: An amendment to a Crown forestry licence in relation to the Ngāti Awa land or the grant of a new Crown forestry licence in relation to the land has no effect to the extent that it purports to adversely affect the right of access referred to in section 147(1)
4: Ōhope Beach Holiday Park land
152: Ōhope Beach Holiday Park land
1: Site A ceases to be a conservation area under the Conservation Act 1987
2: The reservation of Site B as a recreation reserve subject to section 17
3: The fee simple estate in the Ōhope Beach Holiday Park land vests in the Ngāti Awa governance entity.
4: The vesting of the land under subsection (3) is subject to the existing leases.
5: When the reserve status of Site B is revoked under subsection (2), the site vests in the Crown as Crown land before it vests in the Ngāti Awa governance entity and is subject to section 82
6: Sections 38 39
7: In this section and section 153 existing leases Ōhope Beach Holiday Park land Site A Gazette Site B Gazette
153: Modifications to Conservation Act 1987 in respect of Site A
Section 64(2)﻿(b)
a: the reference to the Director-General were a reference to the lessor under the existing lease; and
b: the provisions of the Land Act 1948 section 64(3) sections 130 to 151 section 143(1) sections 170 to 170B
c: the reference to the Crown Her Majesty sections 136(4) 139(1) 146(3)
d: the words , with the approval of the Minister, section 146(1)
6: Awanuiārangi II title
154: Interpretation
In this Part, unless the context otherwise requires,— protected land section 157(1) settlement property
a: means each cultural redress property, each commercial redress property, and the Ōhope Beach Holiday Park land; and
b: includes the Whakatāne Airport land if vested in the Ngāti Awa governance entity under section 125(4)
155: Registration of land in name of Awanuiārangi II
1: Despite anything in the Land Transfer Act 1952
a: be registered in the name of Awanuiārangi II, rather than in the name of the Ngāti Awa governance entity; or
b: be no longer registered in the name of Awanuiārangi II and instead be registered in the name of the Ngāti Awa governance entity.
2: The Registrar-General must give effect to a direction received—
a: under subsection (1)﻿(a), by—
i: registering the title to the land in the name of Awanuiārangi II; and
ii: entering a notation on the title to the land that the land is subject to this Part:
b: under subsection (1)﻿(b), by—
i: registering the title to the land in the name of the Ngāti Awa governance entity; and
ii: cancelling the notation entered under paragraph (a)﻿(ii); and
iii: cancelling the notation entered under section 157(3)﻿(a)
156: Rights, powers, and duties of Ngāti Awa governance entity if land registered in name of Awanuiārangi II
If the fee simple estate of any land is registered in the name of Awanuiārangi II under section 155
a: the Ngāti Awa governance entity—
i: has all the rights, duties, and powers of the registered proprietor of the land (except that the land must continue to be registered in that name unless a direction is given under section 155(1)﻿(b)
ii: must exercise and perform the rights, duties, and powers in its own name and not in the name of Awanuiārangi II; and
b: the Registrar-General must have regard to paragraph (a). Protected land
157: Direction that land be noted as protected land
1: A direction made by the Ngāti Awa governance entity under section 155(1)﻿(a)
2: The Ngāti Awa governance entity may direct the Registrar-General in writing that any settlement property that is protected land no longer be protected land.
3: The Registrar-General must give effect to the direction—
a: under subsection (1), by entering on the title to the settlement property a notation that the property is protected land:
b: under subsection (2), by cancelling the notation on the title to the settlement property that the property is protected land. Evidence of proper direction
158: Evidence of proper direction
In the absence of evidence to the contrary, it is sufficient evidence that the direction in writing has been properly given to the Registrar-General under section 155 section 156
a: is executed or purports to be executed by the Ngāti Awa governance entity; and
b: relates to any land that is registrable or registered in the name of the governance entity; and
c: in the case of a direction given under section 157(2) Application of other enactments to protected land
159: Application of other enactments to protected land
1: Sections 297 to 304
2: Protected land must be treated as Maori freehold land for the purposes of sections 18(1)﻿(c) and (d) 19(1)﻿(a) 20 24 26 194
3: Section 342
4: Section 108(9) Te Ture Whenua Maori Act 1993
5: The provisions of the Local Government (Rating) Act 2002
6: Protected land may not be acquired or taken under the Public Works Act 1981 Amendment to Crown Minerals Act 1991
160: Amendment to section 51 of Crown Minerals Act 1991
Amendment(s) incorporated in the Act(s)
7: Ancillary claims settlement
1: Interpretation
161: Interpretation
In this Part, unless the context otherwise requires,— ancillary claims ancillary deeds of settlement Pukaahu Schedule 16 Pukaahu deed of settlement
a: means the deed of settlement dated 15 September 2004 signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Enid Leighton and Parehuia Aratema for the Pukaahu claimants; and
b: includes—
i: the schedule to the deed; and
ii: any amendments to the deed Pukaahu governance entity Rangitaiki 60C deed of settlement
a: means the deed of settlement dated 15 September 2004 signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Isabella Westbury and Dick Hunia for the Rangitaiki 60C claimants; and
b: includes—
i: any schedule to the deed; and
ii: any amendments to the deed Rangitaiki 60C governance entity Rangitaiki 60C settlement land Schedule 16 Waiohau deed of settlement
a: means the deed of settlement dated 15 September 2004 initialled by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Tukorehu Waaka for the Waiohau claimants; and
b: includes—
i: the schedule to the deed; and
ii: any amendments to the deed Waiohau governance entity Waiohau settlement land Schedule 16
162: Meaning of Pukaahu, Rangitaiki 60C, and Waiohau historical claims
1: In this Part, unless the context otherwise requires,— Pukaahu historical claims
a: means claims—
i: by the Pukaahu claimants (or a Pukaahu representative entity) whether made on, before or after the settlement date; and
ii: that relate to acts or omissions of the Crown before 21 September 1992 in relation to the taking and subsequent administration of Rangitaiki 12 and any parcel of land derived from Rangitaiki 12 since 20 January 1879; and
b: includes the Wai 79 (Awakeri Springs) claim received by the Waitangi Tribunal on 19 February 1988 Rangitaiki 60C historical claims
a: means claims—
i: by Rangitaiki 60C claimants (or a Rangitaiki 60C representative entity) whether made on, before, or after the settlement date; and
ii: that relate to acts or omissions of the Crown before 21 September 1992 in relation to the taking under the Public Works Act 1928, and subsequent administration, of Rangitaiki 60C; and
b: includes the Wai 248 (Omataroa Rangitaiki) claim received by the Waitangi Tribunal on 23 February 1988 Waiohau historical claims
a: means claims—
i: by the Waiohau claimants (or a Waiohau representative entity) whether made on, before, or after the settlement date; and
ii: that relate to acts or omissions of the Crown before 21 September 1992 in relation to the taking under the Public Works Act 1928, and subsequent administration, of Waiohau; and
b: includes the Wai 247 (Waiohau) claim received by the Waitangi Tribunal on 11 November 1991.
2: In this section,— Rangitaiki 12 Rangitaiki 60C representative entity
a: in relation to the Pukaahu historical claims,—
i: means the Pukaahu governance entity; and
ii: includes any person acting (including any trust or trustees) for, or on behalf of, any of the persons referred to in paragraph (a) of the definition of Pukaahu claimants in section 163(1)
b: in relation to the Rangitaiki 60C historical claims,—
i: means the Rangitaiki 60C governance entity; and
ii: includes any person acting (including any trust or trustees) for, or on behalf of, any of the persons referred in paragraph (a) of the definition of Rangitaiki 60C claimants in section 163(1)
c: in relation to the Waiohau historical claims,—
i: means the Waiohau governance entity; and
ii: includes any person acting (including any trust or trustees) for, or on behalf of, any of the persons referred in paragraph (a) of the definition of Waiohau claimants in section 163(1) Waiohau
163: Meaning of Pukaahu claimants, Rangitaiki 60C claimants, and Waiohau claimants
1: In this Part, unless the context otherwise requires,— Pukaahu claimants
a: means—
i: the descendants of Wiremu Te Whatapapa or Rōha Petera; and
ii: the collective group composed of the individuals referred to in subparagraph (i); and
b: includes any whānau, hapū, or group to the extent that the whānau, hapū, or group includes persons referred to in paragraph (a)﻿(i) Rangitaiki 60C claimants
a: means—
i: the owners of any part of Rangitaiki 60C between 14 June 1960 and 9 August 1986; and, to avoid doubt, includes any individual who purchased or otherwise acquired, or sold or otherwise disposed of, an ownership interest in Rangitaiki 60C during that period; and
ii: the descendants of the individuals referred to in subparagraph (i); and
iii: the collective group composed of the individuals referred to in subparagraphs (i) and (ii); and
b: includes any whānau, hapū, or group to the extent that the whānau, hapū, or group includes persons referred to in paragraph (a)﻿(i) or (ii) Waiohau claimants
a: means—
i: the descendants of—
A: Araera Waaka:
B: Ani Hiki:
C: Heni Hiki:
D: Huka Hiki:
E: Rua Hiki:
F: Wharetakahia Hiki:
G: Merania Waaka:
H: Paora Waaka:
I: Te Kari Waaka:
J: Whakaki Waaka; and
ii: the collective group composed of the individuals referred to in subparagraph (i); and
b: includes any whānau, hapū, or group to the extent that the whānau, hapū, or group includes persons referred to in paragraph (a)﻿(i).
2: For the purposes of the definitions of Pukaahu claimants Rangitaiki 60C claimants Waiohau claimants
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with the customs of the respective claimants.
2: Vesting of ancillary claims settlement land
164: Vesting of Pukaahu
1: The vesting of Pukaahu in the Whakatāne District Council is cancelled.
2: The reservation of Pukaahu as a recreation reserve subject to section 17
3: On the revocation of its reserve status under subsection (2), Pukaahu vests in the Crown as Crown land and becomes subject to section 82
4: Immediately following the vesting under subsection (3)—
a: the fee simple estate in Pukaahu vests in the Pukaahu governance entity subject to the registered lease H170889 to Awakeri Hot Springs (2002) Limited held in computer interest register SA23B/721; and
b: the Pukaahu governance entity must be treated as having been constituted in respect of Pukaahu under section 214(1)
c: Pukaahu must be treated as having the status of Maori freehold land under Te Ture Whenua Maori Act 1993
d: any reference in the lease referred to in paragraph (a) to the Minister or Council must be read as a reference to the lessor under the lease.
5: Despite subsection (4)﻿(b) and (c), the lease referred to in subsection (4)﻿(a) continues to be enforceable in accordance with its terms.
165: Vesting of Rangitaiki 60C settlement land
The fee simple estate in the Rangitaiki 60C settlement land vests in the Rangitaiki 60C governance entity subject to the drainage easement and the natural gas pipeline easements specified in Schedule 16
166: Vesting of Waiohau settlement land
The fee simple estate in the Waiohau settlement land vests in the Waiohau governance entity.
167: Registration of ownership: Pukaahu
The Registrar-General must, on written application by any person authorised by the Director-General,—
a: register the Pukaahu governance entity as the proprietor of the fee simple estate in Pukaahu as if—
i: the Pukaahu governance entity has given a direction, in compliance with sections 220A(2)﻿(a)
ii: the Registrar-General has received, in compliance with section 220A(3)
A: a copy of the direction under subparagraph (i) from the Registrar of the Maori Land Court; and
B: a certificate of the Registrar of the Maori Land Court confirming the direction under subparagraph (i); and
b: register Pukaahu as Maori freehold land under Te Ture Whenua Maori Act 1993 sections 123 140
i: Pukaahu is general land under Te Ture Whenua Maori Act 1993, and the Maori Land Court has made a status order declaring that Pukaahu ceases to be general land and must be treated as Maori freehold land in accordance with section 133(1) and (3)
ii: the Registrar-General has received the status order referred to in subparagraph (i) from the Registrar of the Maori Land Court in accordance with section 123(2)
c: make any entries in the register, and generally do all things, that may be necessary to give effect to this Part.
168: Registration of ownership: Rangitaiki 60C settlement land and Waiohau settlement land
1: The Registrar-General must, on written application by any person authorised by the chief executive of Land Information New Zealand, in accordance with that application,—
a: create 1 or more computer freehold registers in the name of the trustees of the Rangitaiki 60C governance entity for the fee simple estate in land that forms all or part of the Rangitaiki 60C settlement land, subject to the drainage easement and the natural gas pipeline easements specified in Schedule 16
b: create a computer freehold register in the name of the trustees of the Waiohau governance entity for the fee simple estate in the Waiohau settlement land.
2: Subsection (1) applies subject to completing the survey (if any) that may be necessary to create a computer freehold register.
3: A computer freehold register for the Rangitaiki 60C settlement land and the Waiohau settlement land must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the vesting of the land under section 165 section 166
b: any later date that may be agreed in writing between the body in which the land is vested under section 165 section 166
169: Application of other enactments
1: Sections 24 25 section 164(2)
2: Section 11 Part 10
a: the vesting of the fee simple estate in land under any of sections 164 165 166
b: a matter incidental to, or required for the purposes of, the vesting of the fee simple estate in land under any of sections 164 165 166
3: The vesting of the fee simple estate in land under any of sections 164 165 166
a: limit sections 10 11
b: affect any other rights to subsurface minerals.
4: The vesting of the fee simple estate in land under any of sections 164(4)﻿(a) 165 166 Part 4A sections 24(2A) 24A 24AA Termination of Pukaahu governance entity
170: Termination of Pukaahu governance entity
If the Pukaahu governance entity is terminated, section 241(2)﻿(b)