Ngati Tama Claims Settlement Act 2003

1: Title
This Act is the Ngati Tama Claims Settlement Act 2003.
1: Preliminary provisions, and acknowledgements and apology by the Crown to Ngati Tama
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Ngati Tama in the deed of settlement dated 20 December 2001 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Stephen Taitoko White, Te Aramou Lake, Peter Te Maihengia White, Kenneth Crete Matuku, Nora Te Mate Horere Tahuna Tearanga Leatherby, Reece Baker, and Davis Rawiri McClutchie, for Ngati Tama; and
b: to give effect to certain provisions of the deed of settlement, which is a deed that settles the Ngati Tama historical claims.
4: Act to bind the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: Part 1 includes the preliminary provisions and records the acknowledgements and apology given by the Crown to Ngati Tama in the deed of settlement.
3: Part 2
4: Part 3
a: a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngati Tama historical claims; and
b: provision for consequential amendments to the Treaty of Waitangi Act 1975
c: a statement of the effect of the settlement on certain resumptive memorials; and
d: miscellaneous matters relating to the settlement, namely, the exclusion of the limit on the duration of a trust
5: Part 4
6: Part 5
a: the issue of protocols to the governance entity by the Ministers of Conservation, Fisheries, and Energy, the Minister for Arts, Culture and Heritage, and the Minister for Land Information; and
b: the vesting in the governance entity of the fee simple estate in 6 cultural redress properties; and
c: the vesting of a recreation reserve in the governance entity as an administering body under the Reserves Act 1977
d: the establishment of a joint advisory committee to perform specified functions in relation to 3 cultural redress properties and the Whitecliffs conservation area; and
e: an acknowledgement by the Crown of the statements made by Ngati Tama of their cultural, spiritual, historical, and traditional association with 12 statutory areas, with provision for entering into deeds of recognition in relation to 8 statutory areas, together with provisions as to the effect of these instruments; and
f: an acknowledgement by the Crown of the customary non-commercial interest of Ngati Tama in the paua fishery within the fisheries protocol area; and
g: a right of first refusal for 50 years in favour of the governance entity for certain shellfish quota; and
h: a preferential right to purchase authorisations if the Minister of Conservation offers, by public tender under Part 7
7: There are 14 schedules setting out—
a: the cultural redress properties; and
b: a description of the areas over which statutory acknowledgements are made and those for which deeds of recognition may be entered into; and
c: the texts of the statements by Ngati Tama of their association with the statutory areas. Section 5(4)﻿(d) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements by the Crown
The text of the acknowledgements made by the Crown, as set out in the deed of settlement, is as follows:
1: The Crown acknowledges that the wars in Taranaki constituted an injustice and were in breach of the Treaty of Waitangi
2: The Crown acknowledges that—
a: the confiscations were indiscriminate in extent and application and had a devastating effect on the welfare, economy, and development of Ngati Tama:
b: the division of the ancestral land of Ngati Tama by the arbitrary placement of the northern confiscation boundary has resulted in iwi rights in these areas being assessed under 2 different systems:
c: the prejudicial effects of the confiscations were compounded by the inadequacies in the Compensation Court process that included long delays in the promised return of land to Ngati Tama individuals:
d: the confiscations of 1865 deprived Ngati Tama of access to their traditional sources of food and other resources associated with that confiscated land:
e: the confiscations were wrongful and in breach of the Treaty of Waitangi
3: The Crown recognises that the lands and other resources confiscated from Ngati Tama have made a significant contribution to the wealth and development of New Zealand.
4: The Crown acknowledges—
a: the serious damage it inflicted on the prosperous Maori village of Parihaka and the people residing there, its forcible dispersal of many of the inhabitants, and its assault on the human rights of the people:
b: that these actions caused great distress and were a complete denial of the Maori right to develop and sustain autonomous communities in a peaceful manner:
c: that its treatment of the Ngati Tama people at Parihaka was unconscionable and unjust and that these actions constituted a breach of the Treaty of Waitangi
5: The Crown acknowledges that—
a: the West Coast Commissions were inadequate in their scope and therefore did not fully address the injustices perpetrated by the confiscations:
b: the reserves created by the Commissions in the 1880s were not sufficient for the present and future needs of Ngati Tama:
c: the Crown’s actions with respect to the West Coast Settlement Reserves Act 1881
i: ultimately deprived Ngati Tama of the control and ownership of the lands reserved for them in Taranaki; and
ii: were in breach of the Treaty of Waitangi
6: The Crown acknowledges that despite previous efforts made in the twentieth century, including those of the Sim Commission, it has failed to deal in an appropriate way with the grievances of Ngati Tama. In particular, the payments made under the Taranaki Maori Claims Settlement Act 1944
7: The Crown recognises the efforts and struggles of Ngati Tama in pursuit of their claims for redress and compensation against the Crown for over 130 years.
7: Apology by the Crown
The text of the apology made by the Crown to Ngati Tama, to their ancestors, and to their descendants, as set out in the deed of settlement, is as follows: The Crown profoundly regrets and unreservedly apologises to Ngati Tama for its actions, which have resulted in the virtual landlessness of Ngati Tama in Taranaki, and which have caused suffering and hardship to Ngati Tama over the generations to the present day. The Crown profoundly regrets, and unreservedly apologises for—
•: the destructive and demoralising effects of its unconscionable actions on Ngati Tama, which have undermined the basis of their society and autonomy; and
•: its actions at Parihaka; and
•: its failure to acknowledge the mana and rangatiratanga of Ngati Tama. The Crown apologises to Ngati Tama for all the breaches of the Treaty of Waitangi Accordingly, the Crown atones for these wrongs, and seeks to assist the process of healing with this Settlement and looks forward to building a relationship of mutual trust and co-operation with Ngati Tama.
2: Interpretation
8: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
9: Interpretation
In this Act, unless the context otherwise requires,— 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 any year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of the provinces of Wellington and Taranaki consent authority section 2(1) Conservation Authority section 2(1) conservation board section 2(1) conservation covenant subpart 2 conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown entity section 2(1) Crown owned minerals section 2(1) sections 10 11 Continental Shelf Act 1964 cultural redress property Schedule 1 Cultural Redress Schedule deed of recognition section 61 deed of settlement deed
a: mean the deed of settlement dated 20 December 2001 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Stephen Taitoko White, Te Aramou Lake, Peter Te Maihengia White, Kenneth Crete Matuku, Nora Te Mate Horere Tahuna Tearanga Leatherby, Reece Baker, and Davis Rawiri McClutchie, for Ngati Tama; and
b: includes—
i: the schedules of the deed; and
ii: amendments to the deed or to the attachments or the schedules Director-General section 2(1) DOC protocol section 20
a: sets out how the Department of Conservation will interact with the governance entity in relation to the matters specified in that protocol; and
b: provides for Ngati Tama input into certain Department of Conservation processes in relation to the matters specified in the DOC protocol; and
c: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20 DOC protocol area effective date encumbrance Parts 1 2 fisheries legislation
a: the Fisheries Act 1983
b: the Fisheries Act 1996
c: all regulations made under either or both of those Acts fisheries protocol section 20
a: sets out how the Ministry of Fisheries will interact with the governance entity in a way that will enable Ngati Tama to provide input into the processes of the Ministry on the matters specified in that protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20 fisheries protocol area governance entity Heritage New Zealand Pouhere Taonga section 9 LINZ protocol section 20
a: sets out how Land Information New Zealand will consult with the governance entity before the Minister for Land Information resumes ownership from local authorities under section 323
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20 LINZ protocol area local authority section 2(1) MED protocol section 20
a: sets out how the Ministry of Economic Development will interact with the governance entity in relation to the matters specified in that protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20 MED protocol area member of Ngati Tama section 10(1) national park management plan section 2 Ngati Tama Ngati Tama ancestor section 10 Ngati Tama area of interest Ngati Tama historical claims section 11 protected New Zealand objects protocol section 20
a: sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in that protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20 protected New Zealand objects protocol area protocol subpart 1 Registrar-General section 4 resource consent section 87 responsible Minister subpart 1
a: the Minister of Conservation:
b: the Minister of Fisheries:
c: the Minister of Energy:
d: the Minister for Arts, Culture and Heritage:
e: the Minister for Land Information:
f: any other Minister of the Crown authorised by the Prime Minister to perform functions and duties, and exercise powers, under subpart 1 responsible Ministry subpart 1
a: the Department of Conservation:
b: the Ministry of Fisheries:
c: the Ministry of Economic Development:
d: the Ministry for Culture and Heritage:
e: Land Information New Zealand:
f: any other department of State authorised by the Prime Minister to perform functions and duties, and exercise powers, under subpart 1 RFR area RFR deed river settlement date statutory acknowledgement section 53 subpart 4 statutory area Parts 1 2 Taranaki The Taranaki Report: Kaupapa Tuatahi 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 water course; and
b: includes coastal waters, including harbours; but
c: does not include an artificial water course such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal. Section 9 antiquities protocol repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 9 antiquities protocol area repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 9 archaeological site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 9 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 9 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 9 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 9 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 9 protected New Zealand objects protocol inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 9 protected New Zealand objects protocol area inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006
10: Meaning of Ngati Tama
1: In this Act, Ngati Tama
a: means the iwi, or collective group, composed of individuals referred to in paragraph (b); and
b: means every individual who is—
i: descended from 1 or more Ngati Tama ancestors:
ii: recognised as Ngati Tama by customary adoption in accordance with Ngati Tama tikanga; and
c: includes a family, whanau, or group of individuals composed of individuals referred to in paragraph (b).
2: In this section and section 11 Ngati Tama ancestor
3: In subsection (2), customary rights
a: rights to occupy land; and
b: rights in relation to the use of—
i: land:
ii: other natural or physical resources.
11: Meaning of Ngati Tama historical claims
1: In this Act, Ngati Tama historical claims
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, or notified on or before the settlement date) that Ngati Tama (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
i: is founded on a right arising—
A: from the Treaty of Waitangi
B: under legislation or at common law (including 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 all claims to the Waitangi Tribunal to which paragraph (a) applies and that relate exclusively to Ngati Tama (or a representative entity), including Wai 135 (the Ngati Tama land claim of Stephen Taitoko White); and
c: includes all other claims to the Waitangi Tribunal to which paragraph (a) applies, so far as they relate to Ngati Tama (or a representative entity), including—
i: Wai 54 (Nga Iwi O Taranaki claim of Makere Rangiatea Love and another); and
ii: Wai 126 (Motunui Plant and Petrocorp claim of John Hanita Paki and others); and
iii: Wai 131 (Taranaki Maori Trust Board claim of Hamiora Raumati and others); and
iv: Wai 143 (Taranaki consolidated claims); and
v: Wai 529 (Mokau Mohakatino block claim of Paraone W Lake and another); and
vi: Wai 577 (Poutama land blocks claim of Poutama Lewis Te Rata and another); but
d: does not include—
i: a claim that an individual referred to in section 10(1)﻿(b)
ii: any claim that a family, whanau, or group of individuals referred to in section 10(1)﻿(b)
iii: a claim that Ngati Tama may have as a result of a loss of interest in land, or in the natural or physical resources, in the land area outside Taranaki; or
iv: a claim that a representative entity may have, to the extent that the claim is, or is based on, a claim referred to in subparagraph (i) or subparagraph (ii).
2: Subsection (1)﻿(a) is not limited by subsection (1)﻿(b) or (c).
3: In this section,— land area outside Taranaki The Taranaki Report: Kaupapa Tuatahi land in New Zealand sections 5 6 6A representative entity
a: the governance entity; and
b: a person appointed as an agent for Ngati Tama under clause 3.4 of the deed of settlement; and
c: a person (including a trust or trustees) acting for, or on behalf of,—
i: the iwi or collective group or 1 or more individuals referred to in section 10(1)﻿(a)
ii: 1 or more of the families, whanau, or groups of individuals, referred to in section 10(1)﻿(b)
3: Settlement of historical claims and miscellaneous matters
1: Settlement of historical claims
Jurisdiction of courts, etc, removed
12: Settlement of Ngati Tama historical claims final
1: The settlement of Ngati Tama historical claims effected under the deed of settlement and this Act is final, and on and from the settlement date the Crown is released and discharged from all obligations and liabilities in respect of those claims.
2: Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
3: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: any or all of the Ngati Tama historical claims; or
b: the deed of settlement; or
c: the redress provided to the governance entity under the deed of settlement or under this Act; 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 enforcement of the deed of settlement or this Act. Treaty of Waitangi Act 1975 amended Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
13: Jurisdiction of Tribunal to consider claims
Section 13 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Resumptive memorials no longer apply
14: Enactments relating to resumptive memorials do not apply
1: Nothing in the enactments listed in subsection (2) applies—
a: to the RFR area; or
b: in respect of Ngati Tama or a representative entity, to land in Taranaki outside the RFR area.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3 Section 14(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
15: Removal of resumptive memorials
1: The chief executive of Land Information New Zealand must, as soon as reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies each certificate of title or computer register that—
a: relates solely to the RFR area; and
b: contains a memorial entered under an enactment referred to in section 14(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar-General must, as soon as 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 each memorial that, under an enactment referred to in section 14(2)
2: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
16: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which the governance entity may—
i: exist in law; or
ii: deal with property (including income derived from property); or
b: apply to a document entered into to give effect to the deed of settlement (including the deeds that grant a right of first refusal referred to in clauses 8.2 and 9.15.1 of the deed of settlement) if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if the governance entity is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 16 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 16(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 16(2) replaced 30 January 2021 section 161 Trusts Act 2019 Date when actions or matters must occur
17: Timing of actions or matter
1: Subject to subsection (2), actions or matters occurring 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. Vesting of properties
18: Action by Registrar-General
If an action is required to be undertaken by the Registrar-General under this Act, it is without fee to the registered proprietor or to the governance entity.
4: Commercial redress
19: Computer freehold register for Tongaporutu RFR site
1: The chief executive of the New Plymouth District Council must authorise and direct a person to make written application in accordance with this section within 6 months of the settlement date.
2: The Registrar-General must, as soon as reasonably practicable after receiving written application by a person authorised by the chief executive of the New Plymouth District Council, create 1 computer freehold register under the Land Transfer Act 1952
a: as a recreation reserve, subject to the Reserves Act 1977
b: subject to the matters identified in the written application received by the Registrar-General.
3: The written application referred to in subsection (2) must—
a: identify all registrable or notifiable encumbrances to which the land is subject or that benefit the land; and
b: specify that the land should be identified by a memorial on the computer freehold register, recording that,—
i: if any part of the Tongaporutu RFR site ceases to be classified as a reserve under the Reserves Act 1977 Land Act 1948
ii: the Crown’s obligations under the RFR deed apply in relation to the site.
4: If the Crown transfers any part of the Tongaporutu RFR site—
a: to the governance entity, the Registrar-General must cancel the memorial referred to in subsection (3)﻿(b) in relation to that part:
b: to a third party, and the obligations under the RFR deed no longer apply,—
i: the Crown must apply to the Registrar-General to cancel the memorial referred to in subsection (3)﻿(b) in relation to that part; and
ii: the Registrar-General must take the Crown’s application under subparagraph (i) as conclusive proof that the Crown’s obligations under the RFR deed no longer apply, and must cancel the memorial in relation to that part.
5: In this section, Tongaporutu RFR site Gazette Gazette
5: Cultural redress
1: Protocols
General provisions
20: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the governance entity in the form set out in the Cultural Redress Schedule; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1) at the initiative of either—
a: the 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 governance entity.
21: 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 a person the Crown considers appropriate, including, without limitation, iwi, hapu, marae, whanau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister and a responsible Ministry; or
c: the legal rights of Ngati Tama or a representative entity.
22: Enforceability of protocols
1: The Crown must comply with a protocol issued by that Minister while it is in force.
2: If the Crown fails without good cause to comply with its obligations under a protocol, the 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 by the Crown 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).
23: 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 statutes 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 property rights held, managed, or administered under fisheries legislation or under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
3: The MED protocol does not have the effect of granting, creating, or providing evidence of, an estate or interest in, or rights relating to Crown owned minerals.
4: The protected New Zealand objects protocol protected New Zealand objects or ngā taonga tūturu
5: The LINZ protocol does not have the effect of granting, creating, or providing evidence of property rights.
6: In this section, protected New Zealand object taonga tūturu section 2 Protected Objects Section 23(4) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 23(6) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Noting of certain protocols
24: Noting of DOC protocol
1: The existence of the DOC protocol must be noted in the conservation documents affecting 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 attachment B of the DOC protocol.
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
25: 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 attachment B of the fisheries protocol.
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
26: Noting of MED protocol
1: The existence of the MED protocol must be noted in minerals programmes affecting the MED protocol area.
2: The noting of the MED protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the MED protocol.
3: The noting of the MED protocol is—
a: for the purpose of public notice only; and
b: not an amendment to the relevant minerals programme for the purposes of the Crown Minerals Act 1991
4: In this section, minerals programme section 2(1)
2: Cultural redress properties
Vesting of cultural redress properties
27: Interpretation
In this Act,— Additional Whitecliffs sites Part 1 Mount Messenger site Part 1 Pukearuhe site Part 1 Tongaporutu site Part 1 Umukaha Point recreation reserve Part 2 Uruti site Part 1 Whitecliffs site Part 1
28: Pukearuhe site
1: The reservation is revoked of the Pukearuhe site as an historic reserve subject to section 18
2: The fee simple estate in the Pukearuhe site vests in the governance entity.
29: Tongaporutu site
1: The Tongaporutu site ceases to be part of a conservation area under the Conservation Act 1987
2: The fee simple estate in the Tongaporutu site vests in the governance entity.
30: Whitecliffs site
1: The Whitecliffs site ceases to be part of a conservation area under the Conservation Act 1987
2: The fee simple estate in the Whitecliffs site vests in the governance entity, subject to the conservation covenant and easements required by clause 9.6.5(c)﻿(ii) of the deed of settlement.
31: Additional Whitecliffs sites
1: The Additional Whitecliffs sites cease to be parts of a conservation area under the Conservation Act 1987
2: The fee simple estate in the Additional Whitecliffs sites vests in the governance entity.
32: Uruti site
1: The Uruti site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Uruti site vests in the governance entity, subject to the conservation covenant required by clause 9.6.9(c) of the deed of settlement.
33: Mount Messenger site
1: The reservation is revoked of the part of the Mount Messenger site described as Mount Messenger scenic reserve in column 2 of Part 1 section 19
2: The part of the Mount Messenger site described as Part Mount Messenger conservation area in column 2 of Part 1 Conservation Act 1987
3: The fee simple estate in the Mount Messenger site vests in the governance entity, subject to the conservation covenant and easement required by clause 9.6.10(d) of the deed of settlement. Vesting of recreation reserve
34: Umukaha Point recreation reserve
1: The Umukaha Point recreation reserve is vested in the governance entity to hold and administer as a recreation reserve under section 26 section 17
2: The governance entity is an administering body, as defined in section 2(1)
3: Section 24(7B) Provisions relating to vesting of cultural redress properties
35: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to the encumbrances (if any) listed in column 3 of Parts 1 2
36: Intermediate vesting of certain land in the Crown
1: This section applies to—
a: the Pukearuhe site; and
b: that part of the Mount Messenger site described as the Mount Messenger scenic reserve in column 2 of Part 1
2: When the reserve status of the sites identified in subsection (1) is revoked under this subpart, the sites vest in the Crown as Crown land and are subject to section 82
37: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property that vests in the governance entity by this Act.
2: The Registrar-General must, on written application by a person authorised by the Director-General of Conservation, comply with subsections (3) and (4).
3: To the extent that the property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—
a: register the 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 Part 9 of the deed of settlement.
4: To the extent that the property does not comprise all the land in a certificate of title or computer freehold register, 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 governance entity, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the 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 reasonably practicable after the settlement date but no later than—
a: 24 months after the cultural redress property vests in the governance entity; or
b: any later date that may be agreed in writing by the governance entity and the Crown.
38: Application of other enactments
1: Sections 24 25
2: Section 11 Part 10
a: the vesting in the 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: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 section 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: The vesting in the governance entity of a fee simple estate in a cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
39: Covenants under Conservation Act 1987
The conservation covenants required by sections 30(2) 32(2) 33(3) Part 1 section 27
40: Covenant under Reserves Act 1977
The conservation covenant required by section 33(3) Part 1 section 77
3: Joint advisory committee for Whitecliffs conservation area and other specified sites
41: Interpretation
In this subpart, unless the context otherwise requires,— conservation section 2 joint advisory committee committee section 56 Minister Mount Messenger site Part 1 Parininihi marine reserve section 5 Taranaki/Wanganui conservation Board board section 6L Uruti site Part 1 Whitecliffs conservation area
a: 45.7400 hectares, more or less, being Section 1 SO 313261. Part Gazette
b: 122.8920 hectares, more or less, being Section 6 SO 313250. And Section 5 SO 313259. Part Gazette
c: 75.0590 hectares, more or less, being Section 3 SO 313260. Part Gazette Gazette
d: 264.7175 hectares, more or less, being Sections 4A and 20 Block IV Mimi Survey District. Part Gazette Whitecliffs site Part 1 Membership of joint advisory committee
42: Appointment of members of joint advisory committee
1: The Minister must appoint the members of the joint advisory committee in accordance with section 43
2: Every member of the committee, including the member appointed as chairperson, is appointed under section 56(1) Gazette
3: The notice of appointment must specify each member’s term of office.
4: A member takes office from the date stated in the notice of appointment.
5: A member may be appointed for a term of up to 5 years and may be reappointed.
43: Constitution of joint advisory committee
1: The joint advisory committee must consist of not more than 6 members appointed under section 42
2: Nominations must be made in writing to the Director-General, not later than 6 months after the settlement date, as follows:
a: 3 members nominated by the governance entity:
b: 2 members nominated by the Director-General:
c: 1 member nominated by the Taranaki/Wanganui conservation board.
3: The Minister must appoint as the chairperson of the committee the member of the committee nominated for the office of chairperson by the governance entity in writing to the Minister.
44: Functions of joint advisory committee
The functions of the joint advisory committee are—
a: to advise the Minister on conservation matters affecting the Whitecliffs conservation area:
b: to prepare management plans in relation to the Whitecliffs, Uruti, and Mount Messenger sites in accordance with clause 4 of the conservation covenants referred to in sections 30(2) 32(2) 33(3)
c: to undertake other responsibilities required by the conservation covenant:
d: if section 46
45: Advice on Whitecliffs conservation area
The Director-General must, in relation to the Whitecliffs conservation area, 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 setting of annual conservation priorities.
46: Paraninihi marine reserve
If the Paraninihi marine reserve is declared under section 4
a: appoint the joint advisory committee as a committee of the board under section 6N(2)﻿(b)
b: delegate to the committee the power to approve conservation management plans under the Conservation Act 1987 Marine Reserves Act 1971
47: Consultation
If section 46 Procedures of joint advisory committee
48: 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 unanimously agree otherwise,—
a: the committee must meet twice a year; and
b: the chairperson of the committee has a casting vote.
49: Vacancy in membership of committee
No act or proceeding of the joint advisory committee is invalid merely because of a failure of the governance entity, the Director-General, or the Taranaki/Wanganui conservation board to nominate persons as members of the committee under section 42 Funding provisions
50: Reimbursement of members
1: Members of the joint advisory committee are entitled to be reimbursed for their costs and expenses incurred in acting as members of the committee.
2: The costs and expenses referred to in subsection (1) must be paid—
a: by the Crown to the members nominated by the Director-General; and
b: by the governance entity to the members nominated by the governance entity; and
c: by the Taranaki/Wanganui conservation board to the member nominated by that board.
51: Other costs and expenses of committee
The costs and expenses of the joint advisory committee in performing its functions under section 44 section 50
a: the Crown must pay 33.3%:
b: the governance entity must pay 50%:
c: the Taranaki/Wanganui conservation board must pay 16.7%.
52: Discretion preserved
Nothing in the deed of settlement or this Act limits the discretion—
a: of the Minister of Conservation under section 56(1)
b: of the Minister of Conservation or of the Taranaki/Wanganui conservation board to—
i: appoint any person as an adviser:
ii: take advice from any person:
iii: consult with any person.
4: Statutory acknowledgements and deeds of recognition
Statutory acknowledgements
53: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Ngati Tama of the particular cultural, spiritual, historic, and traditional association of Ngati Tama with the statutory areas listed in Parts 1 2 Schedules 3 to 14
54: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 55 to 57
b: to require relevant consent authorities to forward summaries of resource consent applications to the governance entity, as provided for in section 59
c: to enable the governance entity and a member of Ngati Tama to cite the statutory acknowledgements as evidence of the association of Ngati Tama with the relevant statutory areas, as provided for in section 60
d: to provide a statement by Ngati Tama, for inclusion in a deed of recognition, of the association of Ngati Tama with a statutory area.
2: This section does not limit the operation of sections 67 to 70
3: In this subpart, relevant consent authority Section 54(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
55: Consent authorities to have regard to statutory acknowledgements
1: From the effective date, a 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 consent authority under Part 2
56: 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
57: 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 57 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
58: Recording statutory acknowledgements on statutory plans
1: From the effective date, local authorities with jurisdiction in an area which 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 regional policy statement, regional coastal plan, district plan, regional plan, or proposed plan as defined in section 2(1)
b: includes a proposed policy statement provided for in Schedule 1
59: Distribution of resource consent applications to governance entity
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the 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 reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C
3: The 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 94C
b: form an opinion as to whether the governance entity is a person that is likely to be adversely affected under those sections.
60: Use of statutory acknowledgement
1: The governance entity and a member of Ngati Tama may, as evidence of the association of Ngati Tama with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: 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: 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 governance entity nor a member of Ngati Tama is precluded from stating that Ngati Tama 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 60(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 60(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Deeds of recognition
61: 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 governance entity—
i: in respect of the land within the statutory areas referred to in Part 1
ii: in the form set out for each statutory area (or part of an area) in Part 6 of the Cultural Redress Schedule:
b: amend a deed of recognition by entering into a deed with the governance entity to amend that deed of recognition.
62: Purpose of deed of recognition
1: The only purpose of a deed of recognition is to require that the governance entity be consulted, and regard be had to its views, as provided for in the deed of settlement and in each deed of recognition.
2: Subsection (1) does not limit or affect sections 67 to 70
63: Termination of deed of recognition
A deed of recognition terminates in respect of a statutory area or part of it if—
a: the governance entity and the Minister of Conservation 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 the department of State responsible for the management of the area concerned.
64: 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
65: 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.
66: 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 waterwork; or
d: the bed of a tributary flowing into the river. General provisions
67: Crown not precluded from granting other statutory acknowledgement or deed of recognition
Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngati Tama or the governance entity with respect to the same area.
68: 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 Ngati Tama 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).
69: Rights not affected
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the deed of settlement.
70: 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
71: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
5: Acknowledgement of Ngati Tama customary non-commercial interest in paua fishery
72: Interpretation
In this subpart, paua fishery Haliotis iris
73: Exercise of powers, duties, and functions
1: Except as expressly provided in this subpart,—
a: the acknowledgement given by the Crown in clause 9.13.1 of the deed of settlement as to the customary non-commercial interest of Ngati Tama in the paua fishery does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw; and
b: no person, in considering a matter or making a decision under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Ngati Tama with the paua fishery, as acknowledged in the deed of settlement, than the person would give under the statute, regulation, or bylaw if no acknowledgement of that association existed.
2: Subsection (1)﻿(b) does not limit subsection (1)﻿(a).
74: Rights not affected
Except as expressly provided in this subpart, the acknowledgement referred to in section 73
a: affect the lawful rights or interests of a person who is not party to the deed of settlement; or
b: prevent the Crown from providing an acknowledgement with respect to the paua fishery in the fisheries protocol area to persons other than Ngati Tama.
75: Limitation of rights
Except as expressly provided in this subpart, the acknowledgement referred to in section 73
6: Shellfish quota
76: Interpretation
In this subpart,— excess shellfish quota
a: purchased by the governance entity under the deed granting a right of first refusal over shellfish quota that is to be entered into by the Minister and the governance entity under clauses 9.15.1 and 9.15.2 of the deed of settlement; and
b: received by the governance entity from the Treaty of Waitangi Fisheries Commission; and
c: greater than the quota permitted by section 59 Minister section 2(1) shellfish quota
77: Consent to holding excess quota
The Minister is to be treated as—
a: having consented under section 60(1)
b: complying with the requirements of section 60
7: Coastal tendering
78: Interpretation
In this subpart,— authorisation section 161 coastal marine area section 2(1) Minister specified coastal area
79: Preferential right to purchase authorisations
1: If the Minister offers authorisations for a part of the specified coastal area by public tender under Part 7
2: The preferential right referred to in subsection (1) must be exercised in accordance with the process set out in Part 8 of the Cultural Redress Schedule.
80: Limit on proportion of authorisations able to be purchased
1: The authorisations that the governance entity has a preferential right to purchase under section 79
a: not exceed in area 10% of the authorisations granted or proposed to be granted by the Minister in the public tender for the specified coastal area; and
b: be of not less than fair average quality in terms of the relevant portion of the specified coastal area, relative to the quality of those portions for all other authorisations that are 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 area for the authorisations to which that tender round relates make it impractical to comply with the limitation.
81: Governance entity treated as having made tender
1: If the governance entity has a preferential right under section 79 section 158
2: The tender of the 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.
82: Exercise of powers, duties, and functions
Except as expressly provided in this subpart, nothing in this subpart affects the powers, functions, and duties of the Minister under Part 7
83: 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 deed of settlement.
84: Limitation of rights
Except as expressly provided in this subpart,—
a: the preferential right provided to the 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 area:
b: nothing in this subpart limits or affects the rights of Ngati Tama to acquire authorisations or otherwise exercise a statutory right, power, or privilege under Part 7