Ngāti Kuri Claims Settlement Act 2015

1: Title
This Act is the Ngāti Kuri Claims Settlement Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, acknowledgements and apology, and settlement of Ngāti Kuri historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Ngāti Kuri in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Kuri.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date; or
b: a power to be exercised under the provision on that date; or
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: 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: This Part
a: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: sets out a summary of the historical account and records the text of the acknowledgements and apology given by the Crown to Ngāti Kuri, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Ngāti Kuri and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for—
i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: a consequential amendment to the Treaty of Waitangi Act 1975
iii: the effect of the settlement on certain memorials; and
iv: the exclusion of the limit on the duration of a trust
v: access to the deed of settlement.
3: Part 2
a: in subpart 1
b: cultural redress that does not involve the vesting of land, namely,—
i: in subpart 2
ii: in subpart 3
iii: in subpart 4
iv: in subpart 5
v: in subpart 6
vi: in subpart 7
4: Part 3
a: in subpart 1
b: in subpart 2
c: in subpart 3
d: in subpart 4 RFR
5: There are 5 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4
e: Schedule 5 Section 6(2)﻿(g)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical account, acknowledgements, and apology of the Crown
7: Summary of historical account, acknowledgements, and apology
1: Section 8
2: Sections 9 and 10
3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Summary
Summary of historical background to claims of Ngāti Kuri
1: According to tradition, Ngāti Kuri ancestors have occupied Te Hiku o Te Ika from before the first waka arrivals. Traditionally Ngāti Kuri lived in several permanent settlements, and moved from those bases around their rohe in small groups, following seasonal cycles for gardening, fishing, and food gathering. Ngāti Kuri did not sign Te Tiriti o Waitangi/the Treaty of Waitangi
2: Under the nineteenth century native land laws, much of Ngāti Kuri’s remaining land was vested in small numbers of individual owners. No provisions existed to ensure those individuals acted as trustees for their iwi, and much of the land was soon sold. By 1890 over 70% of Ngāti Kuri’s traditional land had been alienated. The only large block of land remaining in their ownership were around the Pārengarenga harbour. The main economic activity available for Māori in the region was gum digging, which due to the isolation and lack of roading in the area, tended to trap workers in a debt cycle with the local storekeepers, who bought the gum from local Māori and sold them goods, controlling the prices of both.
3: In 1896, the Native Land Court began hearings on the Pārengarenga and Pākohu blocks around the harbour. The hearings and surveys were expensive, and the lands were almost lost to pay survey debts. In order to prevent that the Crown took over the debt and vested these blocks in the Tokerau Maori Land Board. This kept the lands in Māori ownership but the owners lost all control of their management. Māori were left with only 3 small reserves around the Pārengarenga Harbour on which to live. Ngāti Kuri’s main papakāinga, Te Hāpua, flooded every year and the community suffered from high rates of typhoid and tuberculosis, which the Crown was aware of but did little to remedy.
4: By 1910, the survey debts had been repaid, but, despite this, control of the lands did not go back to the owners. Ngāti Kuri repeatedly asked for the return of the lands so they could begin farming initiatives, but their requests were denied until the 1950s.
5: In 1953, the Crown empowered the Māori Trustee to compulsorily acquire small interests in the Pārengarenga and Pākohu blocks. Many Ngāti Kuri lost their last shares in their land through this process.
6: Due to the Crown’s actions and omissions, Ngāti Kuri as an iwi were left with little land and few economic opportunities. Many had to leave the rohe altogether, resulting in a loss of social cohesion and difficulty in passing on Ngāti Kuri’s tikanga, traditional knowledge, and language to younger generations. He whakarāpopototanga o ngā tāhuhu kōrero e pā ana ki ngā whai takunga a Ngāti Kurī
1: E ai ki ngā kōrero tuku iho, nō mua rawa kē i te hekenga nui mai o ngā waka ngā tūpuna o Ngāti Kurī e noho ana i Te Hiku o Te Ika. Mai anō e noho ana a Ngāti Kurī i ōna kāinga tūturu, ā, ka nukunuku haere ā-rōpu ririki nei, mai i ēnei kāinga taketake huri noa i tō rātou rohe, e whai ana i ngā wāhanga o te tau e mahi māra ai, e hī ika ai, e kohi, e hauhake kai ai rānei. Kāore a Ngāti Kurī i haina i Te Tiriti ō Waitangi. Otirā, mō ngā tau maha whai muri mai i te whakaeketanga mai o te pākehā ki ēnei whenua, ko te tikanga Māori te kaupapa mātāpono i mau tūturu atu ai a Ngāti Kurī. Kāore a Ngāti Kurī i whai wāhi atu ki ngā whakawhitiwhitinga whenua tuatahi i roto i tēnei rohe. He iti noa te māramatanga o ngā āpiha a Te Karauna ki ngā whakawhanaungatanga whakapapa i te rohe o Te Hiku. Me te aha hoki, kāore i mārama ki te tūturutanga o ngā whakapapa o Ngāti Kurī mai i ērā o ētahi atu o ngā iwi o te rohe.
2: I raro i ngā ture i whakaritea ai mō ngā whenua Māori o te rau tau te tekau mā iwa, te nuinga o ngā toenga whenua o Ngāti Kurī i tukua kētia ki ētahi tāngata takitahi iti rawa nei. Kore rawa he whakataunga i whiriwhiria hei tohu i aua tāngata takitahi rā kia noho kaitiaki rātou mō tō rātou iwi, kāore i roa ka hokona atu te nuinga o te whenua. Ake ki te 1890, neke atu i te 70 ōrau o ngā whenua taketake o Ngāti Kurī kua riro kē. Ko te whenua rahi katoa i mahue mai ai i roto i ō rātou ringaringa ko tērā e pae ana i te whanga o Pārengarenga. Ko te mahi matua whai oranga a te Māori i roto i te rohe, ko te keri kāpia. Nā te taratahi me te kore rori i te rohe, ko te otinga atu ko te nama a ngā kaimahi Māori ki ngā rangatira o ngā toa hokohoko, ko rātou nei i te hoko i te kāpia mai i te Māori me te hoko atu hoki ki te Māori i ā rātou nā taputapu. Ko rātou, ko ngā rangatira o ngā toa hokohoko, i a rātou te mana o te whakarite i te moni e utua ai mō te kāpia, me te moni e utua ai e te Māori mō ngā taputapu e hokona mai ai e ia i aua momo tāngata.
3: I te tau 1896 ka tīmata Te Kooti Whenua Māori o taua wā ki te whakahaere i ngā take whenua e pā ana ki Pārengarenga me Pākohu i te takiwā ki te whanga o Pārengarenga. He nui te moni kia utua mō te whakahaere i ngā take a te kooti me te rūri hoki. I tata ngaro katoa ngā whenua ki te utu i ngā nama rūri. Kia kore ai e riro katoa aua whenua, ka riro mā Te Karauna e kawe te utu o te nama. Ka whakawhitingia te mana ki ēnei whenua ki te ‘Tokerau Māori Land Board.’ (Te Poari Whenua Māori o Te Tokerau.) Ahakoa ka noho ngā whenua nei ki roto i ngā ringaringa o te Māori ēngari kāore i whai mana ngā ariki Māori o aua whenua ki ngā whakahaerenga, ngā whakaritenga rānei. E toru noa anō ngā whenua rāhui iti nei i te rohe o te whanga o Pārengarenga, i mahue mai ki ngā Māori hei oranga mō rātou. Ko te papakāinga matua o Ngāti Kurī arā, a Te Hāpua, he rite tonu te waipukengia me te aha, he tokomaha ngā tāngata i pāngia e te mate taipō me te mate kohi. I mōhio Te Karauna ki ēnei mate ēngari iti noa te aro mai ki te rongoā i aua mate.
4: Tae rawa mai ki te 1910 kua ea ngā nama rūri, ēngari ahakoa ia tēnei, kāore tonu te whenua i hoki ki ngā ariki. He rite tonu te tono a Ngāti Kurī kia whakahokia mai ngā whenua kia taea ai e rātou te tīmata i ētahi mahi ahu whenua. Ēngari kia tae rawa ki ngā tau rima tekau o te rau tau i pahure atu nei, kātahi anō ka arongia mai ā rātou īnoi.
5: I te tau 1953 ka hoatu te mana e te Karauna ki Te Kaitiaki Māori ki te tango i ngā pānga iti i ngā whenua ō Pārengarenga me Pākohu. He maha ngā tāngata o Ngāti Kurī i ngaro ai ō rātou pānga ki ō rātou whenua mā roto atu i tēnei momo whakahāere.
6: Nā ngā mahi ā Te Karauna me ōna hapa ka mahue he maramara whenua noa iho ki te iwi o Ngāti Kurī, tae atu hoki ki ngā ara pakeke i whiua ai ki runga i a rātou e puta ai he oranga ki a rātou. He maha i wehe motuhake atu i te rohe, me te aha, i motumotukia te āhua o te noho-ā-iwi ā Ngāti Kurī, me te uaua hoki ki te tuku iho i ōna tikanga, i ōna mātauranga, tae rawa iho hoki ki tōna reo ki ōna reanga rangatahi.
9: Acknowledgements
1: The Crown acknowledges that, under te Tiriti o Waitangi/the Treaty of Waitangi
2: In particular, the Crown acknowledges that it has not always recognised Ngāti Kuri as an iwi, and its failure to respect the rangatiratanga of Ngāti Kuri has been an ongoing grievance. Pre-1865 Crown land purchase
3: The Crown acknowledges that—
a: it failed to conduct an adequate investigation of customary interests and did not include Ngāti Kuri when it purchased the 86 885-acre Muriwhenua South block in 1858; and
b: the Muriwhenua South land was over a third of the Ngāti Kuri rohe and encompassed an entire east-to-west section of the peninsula, but the Crown only reserved 100 acres of the block for future Māori use and took no measures to protect that reserve from alienation; and
c: in these circumstances the Crown's egregious failure, through these acts and omissions, to protect Ngāti Kuri interests was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
4: The Crown further acknowledges that Ngāti Kuri received few direct or indirect benefits from the Crown acquiring this land. The Crown acknowledges that it had purchased land in advance of settler demand and that there was little permanent settlement or development of infrastructure, such as roading to link the remainder of the Ngāti Kuri rohe to developing markets and settlements, in the following decades. Operation and impact of native land laws
5: The Crown acknowledges that—
a: Ngāti Kuri traditionally held their land and resources under customary tenure where tribal and hapū collective ownership was paramount; and
b: from 1865 the Crown imposed a new land tenure system, without consulting Ngāti Kuri, by giving rights to individuals and allowing for the conversion of aboriginal title to freehold title; and
c: Ngāti Kuri did not consent to the diminution of the laws of their ancestors, but had little option but to operate within the Crown's new land laws.
6: The Crown further acknowledges that by 1875 the Native Land Court had vested 4 land blocks, totalling 78 000 acres, in 10 or fewer owners, and within a few years most of this land was in private ownership. The Crown acknowledges that—
a: the Crown's failure to actively protect Ngāti Kuri's interests in land they may otherwise have wished to have retained in tribal ownership, by failing to provide an effective form of communal title before 1894, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
b: its individualisation of land title was inconsistent with Ngāti Kuri tikanga, made land more susceptible to partition and alienation, and led to the fragmentation of land ownership. This contributed to the erosion of the traditional tribal structures, mana, and rangatiratanga of Ngāti Kuri. The Crown's failure to protect those collective tribal structures had a prejudicial effect on Ngāti Kuri and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi Motuopao
7: The Crown acknowledges that—
a: its assertion of ownership of Motuopao in 1875, as being surplus Crown lands, was premised on the island being part of the 1840 Muriwhenua transaction; and
b: in 1871 the Crown abandoned any claim to ownership of the majority of lands within that transaction area; and
c: in these circumstances, the Crown's assertion of ownership of Motuopao was particularly unjust and unreasonable, effectively a compulsory acquisition by the Crown without compensation, and a breach of te Tiriti o Waitangi/the Treaty of Waitangi
8: The Crown recognises Motuopao is an ancient burial place and wāhi tapu for Ngāti Kuri. The Crown's desecration of Motuopao through the building of a lighthouse in 1877 was a source of significant grievance that drew repeated protest from Ngāti Kuri leaders. Impact of nineteenth century land loss
9: The Crown acknowledges that Crown and private purchasing alienated Ngāti Kuri from over 70% of their ancestral land by 1880, disturbed Ngāti Kuri's traditional resource use and settlement patterns, and severely limited their economic opportunities. This left Ngāti Kuri whānau dependent on a precarious cash economy based around gum digging. Loss of control of Pārengarenga and Pākohu lands
10: The Crown acknowledges that—
a: in 1896, on the application of a single individual, ownership of almost all the remaining customary land in the Ngāti Kuri rohe (the approximately 60 000-acre Pārengarenga and Pākohu blocks) was awarded by the Native Land Court to over 500 individuals; and
b: the crippling cost of surveying the land for the court's process left those owners with substantial survey debts and at risk of losing the land; and
c: the Crown's intervention in 1904 to stop the owners permanently losing the land resulted in the Crown-appointed Māori Land Board having complete authority over almost all Ngāti Kuri's remaining lands while the land was leased to private parties to pay the survey debt; and
d: the survey debt was repaid by 1910 and its subsequent failure to return control of the land to the owners for more than 3 decades, despite repeated appeals from the owners for increased control over their land, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
11: The Crown acknowledges that,—
a: under the administration of the Māori Land Board, Ngāti Kuri were largely reduced to living on 3 small reserves, totalling less than 2 000 acres; and
b: neither absentee nor resident owners received any on-payment of the rent the Land Board accumulated from leasing their other lands; and
c: when the Crown approved the Board using the accumulated funds to assist development of Te Kao lands, with the intention of assisting Te Hāpua later, this disparity of approach was a source of grievance for Ngāti Kuri and gave rise to tension with their whanaunga; and
d: the Crown was slow to provide basic infrastructure for Ngāti Kuri's remaining lands. Ngāti Kuri's main papakāinga at Te Hāpua did not have a consistent water supply or all-weather road access for too long; and
e: the lack of infrastructure, combined with poor housing, insufficient arable land, and restricted economic opportunities, left Ngāti Kuri extremely impoverished and suffering significant economic hardship; and
f: Ngāti Kuri had little access to adequate healthcare over a prolonged period, when nearly a quarter of the children at Te Hāpua died before they reached the age of 5 and the community suffered malnutrition and diseases such as typhoid and tuberculosis; and
g: living conditions at Te Hāpua were the subject of national concern and repeated Crown inquiries in the 1920s and 1930s, with Ngāti Kuri leaders appealing to the Crown to either purchase adjoining private land sufficient to sustain them or provide the development assistance to enable the development of the adjoining lands that remained under Land Board control; and
h: at this time development assistance was available to other New Zealanders, including other Māori on Te Hiku peninsula, and the Crown's selectivity in providing assistance to others but not to Ngāti Kuri is a continuing grievance for the iwi; and
i: it concluded that the lands were unsuitable for development and pursued a policy of encouraging Ngāti Kuri to leave Te Hāpua.
12: The Crown acknowledges that these policies and lack of economic opportunity led many whānau and working-age Ngāti Kuri to leave. The displacement of Ngāti Kuri people impeded inter-generational transfer of mātauranga (traditional knowledge) and contributed to a decline in the use of te reo Māori. Alienation from the land also impeded the ability of Ngāti Kuri to exercise their cultural responsibility to provide manaakitanga and exercise kaitiakitanga.
13: The Crown acknowledges that the people of Ngāti Kuri remained resilient in the face of these prejudicial circumstances and continued to work together to develop their land and economy to retain the iwi at Te Hāpua. Development schemes
14: The Crown also acknowledges that when it finally provided development assistance for the Pārengarenga lands in the 1950s—
a: Ngāti Kuri were once again deprived of control of their land for decades while the land was under development; and
b: the Māori Trustee actively pursued the purchase of individual shares from owners and, as a result, today the Māori Trustee retains a significant shareholding in the Pārengarenga incorporation.
15: The Crown acknowledges that it promoted legislation to empower the Māori Trustee to compulsorily acquire shareholdings it considered to be uneconomic from Māori owners. The Crown acknowledges that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
16: The Crown acknowledges that Ngāti Kuri still feel the legacy of nineteenth and twentieth century land laws, which resulted in many Ngāti Kuri being excluded from connection to their tribal lands.
17: The Crown acknowledges that many of those lands the people of Ngāti Kuri retain today are retained as individual shareholdings in incorporations, which hold land in a form of corporate, rather than tribal, title. This is inconsistent with, and does not adequately provide for or reflect, Ngāti Kuri tikanga. Impact on resource use
18: The Crown acknowledges that in the 1960s and 1970s it purchased several large blocks in the Ngāti Kuri rohe from private ownership and subsequently converted them to public reserves. This further restricted Ngāti Kuri use of and access to their mahinga kai and wāhi tapu.
19: The Crown acknowledges that in the 1960s it wished to establish the Spirits Bay public campground and pressured Ngāti Kuri to leave the Kapowairua papakāinga they had occupied for generations by fencing off their living areas. The Crown particularly acknowledges that the resulting eviction of Ngāti Kuri from Kapowairua caused great spiritual and emotional pain to Ngāti Kuri.
20: The Crown acknowledges—
a: the importance to Ngāti Kuri of whenua, waterways, moana and maunga as part of their identity and as resources critical to their physical and cultural sustainability; and
b: that land clearance and alienation has led to the destruction of important habitats for indigenous species of significance to Ngāti Kuri, such as pūpūharakeke; and
c: that alienation from the land has restricted the ability of Ngāti Kuri to sustain and develop their own cultural knowledge or to exercise the protective authority of kaitiakitanga over many of those resources and taonga; and
d: that Ngāti Kuri were not consulted when the Crown extended its control of natural resources to include minerals and that Ngāti Kuri remain aggrieved by the Crown's assumption of control.
21: The Crown acknowledges the harmful effects on Ngāti Kuri of a state education system that for too long did not value Māori cultural understandings, discouraged the use of te reo Māori, and generally held low expectations for Māori academic achievement.
22: The Crown acknowledges that, despite the Crown's failures to honour its obligations under te Tiriti o Waitangi/the Treaty of Waitangi
23: Today, most Ngāti Kuri live outside their traditional rohe. The Crown acknowledges that the cumulative effects of its actions and omissions left Ngāti Kuri without suitable and sufficient land for their present and future needs and that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
24: The Crown acknowledges that over the generations to the present day its actions have undermined the basis of Ngāti Kuri society and autonomy and have not been consistent with the honour of the Crown. The Crown acknowledges that redress for Ngāti Kuri for these wrongs is long overdue. Ngā Whakaaetanga ā te karauna
1: E whakaae ana Te Karauna, i raro i te Tiriti ō Waitangi ko tāna mahi he tino tiaki i ngā rawa Māori, ki te whakapūmau hoki i te tino rangatiratanga ō te Māori. E whakaae ana Te Karauna kāore i tutuki i ā rātou ēnei kī taurangi.
2: E whakaae rawa ana te Karauna i hapa ia, i tōna kore i āta aro ki a Ngāti Kuri ā iwi nei, mē tōna hapa anō ki te whakamana mē te whakaae atu ki te rangatiratanga ō Ngāti Kuri, i noho ai hei whakamauāhara, ā, moroki noa nei. Ngā Whenua i Hokona e Te Karauna i mua i te tau 1865
3: E whakaae ana Te Karauna—
a: i hē tana whakahāere i ngā whakaritenga e pā ana ki ngā pānga whenua, otirā i hapa Te Karauna i te mahuetanga i a ia ō Ngāti Kuri ki waho ō ngā whakaritenga ō te hoko ō te poraka Muriwhenua South 86 885 eka i te tau 1858; ā
b: neke atu i te tahi toru ō te whenua ō Muriwhenua South nō Ngāti Kuri, arā ko te katoa ō te kūrae mai i te rāwhiti ki te uru. 100 eka ō te poraka i wehea ē Te Karauna ki te Māori, kāore hoki i whakarite tikanga kia kaua ai taua whenua rāhui e riro noa i a huhua; ā
c: nā roto mai ō ēnei āhuatanga mē te tino aro kore ō Te Karauna, mā roto atu i ēnei mahi mē ōna hapa ki te āta tiaki i ngā pānga ō Ngāti Kuri, ka noho ēnei hei parahuhu i ngā mātāpono ō Te Tiriti ō Waitangi.
4: Waihoki, e whakaae ana Te Karauna e iti noa ana ngā hua, ngā painga rānei i taka mai ki ā Ngāti Kuri i te rironga ō ēnei whenua i Te Karauna. E whakaae ana Te Karauna i hokona ē ia ēnei whenua i mua noa anō i ngā tono ā tauiwi. Iti noa anō te noho tuturu, te hanga huarahi e hono atu ai te toenga o te rohe ō Ngāti Kuri ki ngā mākete mē ngā nohoanga pākehā, i ngā tau whai muri mai. Te mahi me te hua o Ngā Ture Whenua Māori
5: E whakaae ana Te Karauna—
a: I mau tonu a Ngāti Kuri ki ōna whenua me ōna rauemi i raro i te tikanga Māori, arā ko tōna kaupapa mataamua nō te iwi, nō te hapū rānei te mana ki te whenua; ā
b: mai i te 1865 ka whakanohoia e Te Karauna he tikanga whenua hou, kāore ia i āta kōrero ki a Ngāti Kuri, me te aha, ka hoatu tikanga ki te takitahi me te tuku i te whenua mai te mana taketake ki te kaupapa taitara herekore; ā
c: Kore rawa a Ngāti Kuri i whakaae ki te whakarūhītanga o ngā tikanga ā ō rātou mātua tūpuna, otirā kāore he huarahi atu i te whai i ngā ture whenua hou a Te Karauna.
6: E whakaae ana anō hoki Te Karauna arā, tae rawa mai ki te tau 1875 kua oti kē i te Kooti Whenua Māori te tuku ō te tokowhā ō ngā poraka, hui katoa 78 000 eka ki ngā tāngata tekau, iti iho rānei, ā, i roto i ngā tau poto noa, ko te nuinga o tēnei whenua ka riro ki te āhuatanga tūmataiti. E whakaae ana Te Karauna—
a: ki te hapa ā Te Karauna ki te tino tiaki i ngā pānga ō Ngāti Kuri i ngā whenua tērā pea e hiahia ai rātou ki a mau tikanga ā iwi tonu tōna āhua. Nā te kore i whakarite i tētahi tikanga āhuatanga Māori i mua i te 1894, ka noho tēnei hei hapa e pā ana ki ngā mātāpono ō te Tiriti ō Waitangi; ā
b: ko tana whakatakitahitanga i te taitara whenua kore rawa i hāngai ki ngā tikanga ō Ngāti Kuri, otirā ka noho pānekeneke te āhua ō te whenua e taea noatia ai te kārawarawa, te hoko, ko tōna otinga atu ko te wāwāhitanga ō ngā tikanga Māori e pā ana ki te whenua. Nō konei ka kitea te whakangoikoretanga ō ngā tikanga ā iwi, te mana mē te rangatiratanga hoki ō Ngāti Kuri. Ko te hapa ā Te Karauna ki te tiaki i aua tikanga ā iwi kā tū hei whakararu i te noho ā Ngāti Kuri, ka mutu, he tino hapa rawa tēnei nō ngā mātāpono ō te Tiriti ō Waitangi. Motuopao
7: E whakaae ana Te Karauna—
a: i tana kauhau whai take ki Motuōpao i te tau 1875, nā runga i te pōhēhē he wāhanga tērā moutere nō roto i ngā whiriwhiri e pā ana ki Muriwhenua i te tau 1840; ā
b: i te tau 1871 ka unuhia e Te Karauna ana takunga ki tōna mana e pā ana ki ngā whenua i roto i taua rohe; ā
c: nā roto mai i ērā āhuatanga, ki te kauhau ā Te Karauna ki tōna whai pānga ki Motuōpao, he mahi tūkino, he take kore, otirā he hao nā Te Karauna arā, he takahi, he hapa rānei i ngā mātāpono ō te Tiriti ō Waitangi.
8: E whakaae ana Te Karauna he urupā tahito, arā he wāhi tapu nō Ngāti Kuri a Motuōpao. Ko tētahi atu mōteatea nui ko te tūkinotanga o Motuōpao e Te Karauna i te hanganga i te whare tūrama i te tau 1877, i hua mai ai nga tohenga nui whakahē ā ngā rangatira ō Ngāti Kuri ki taua āhua. Ko ngā whakawhiu ō ngā rironga whenua ō te rau tau tekau mā iwa
9: E whakaae ana Te Karauna ko ngā hokohoko āna mē ērā ā te tangata tumataiti te take i wehea mai ai i a Ngāti Kuri i runga atu i te 70 ōrau o ō rātou whenua tūpuna tae noa ki te tau 1880. Nā konā ka whakararua ngā tikanga tuku iho tae atu hoki ki ō rātou kāinga taupua, ki ō rātou kāinga taupuni. I pā kaha te kore āheinga ō rātou kia whai oranga ai rātou. Ka noho ko te keri kāpia me tōna āhua pānekeneke te huarahi mahi moni ai mōna. Te rironga o te mana whakahāere i ngā whenua o Pārengarenga me Pākohu
10: E whakaae ana te Karauna—
a: na runga i te tono ā te tangata kotahi i te tau 1896, ko te whai pānga tata ki te katoa o ngā whenua tupu i tō rātou rohe (ara tata ki te 60 000 eka o Pārengarenga mē Pākohu) i whakawhiwhia e te Kooti Whenua Māori ki ngā tāngata takitahi, neke atu i te rima rau katoa nei tō rātou tatauranga; ā
b: ko te tino taimaha o te utu i te rūri o te whenua i raro i ngā whakatau ā te Kooti, ka noho hei pīkaunga mā te hunga whai pānga me te māharahara ka riro katoa atu hoki te whenua nā ngā nama nei; ā
c: nā te uru mai ō Te Karauna i te tau 1904 hei kati i te ngarotanga tuturu katoa atu ō ō rātou whenua, ka whakatūria e Te Karauna ko te Māori Land Board (Te Poari Whenua Māori) kia noho hei mana whakahāere tata ki te katoa ō ngā pitopito whenua ō Ngāti Kuri. I rīhitia ngā whenua nei ki te hunga tūmataiti, kia taea ai te utu i ngā nama rūri; ā
d: e whakaae ana anō Te Karauna i ea te nama rūri i te tau 1910, otirā e whakaae ana ki tōna taka hē ki te whakahoki i te mana whakahāere ō te whenua ki ngā ariki tūturu nuku atu i te toru tekau tau te takaroa, ahakoa ngā tono ngā īnoi ā ngā ariki kia tukua he wāhanga nui ake ki te whakahaere i ō rātou whenua ki a rātou, he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi.
11: E whakaae ana Te Karauna—
a: arā i raro i ngā whakahāere ā Te Poari Whenua, ka whakawhāitingia kia noho a Ngāti Kuri ki ētahi rāhui iti e toru noa nei, arā, e 2 000 eka te rahi; ā
b: kore rawa ngā hunga i noho i waho mē ēra i noho ki runga i te whenua i utua mō te reti i kohia e Te Poari Whenua nā runga i te rīhi i ētahi atu ō o rātou whenua; ā
c: i te whakaaetanga ā Te Karauna kia riro mā te Poari e whakamahi ngā putea i kohia ai ki te whakawhanake i ngā whenua ō Te Kao, kō tētahi ō ōna kaupapa he āwhina i Te Hāpua. Nā te kore i pai, i tika hoki ō tēnei whakaaro, ka noho hei kaupapa moteatea mō Ngāti Kuri mē te ara ake anō ō te kirikawa i waenga i ā rātou me ō rātou whanaunga; ā
d: i pōturi rawa Te Karauna ki te whakarite tikanga e pā ana ki te toenga ō ngā whenua ō Ngāti Kuri. Kāore he painga tuturu ō te puna wai mē te huarahi tōtika mō tētahi wā roa tonu i te papakāinga ō Ngāti Kuri i Te Hāpua; ā
e: nā te kore tikanga tūturu, nā te paparewa ō ngā kāinga, nā te iti ō te whenua haumako, mē te pakeke ō te ara ki te oranga, ka mahue a Ngāti Kuri i roto i te tino pōharatanga i te tino pāhekeheke ō ngā āhuatanga ōhanga; ā
f: he roa tonu te wā e iti noa ana te whai wāhi atu ō Ngāti Kuri ki ngā kaupapa hauora, nā konā ka kitea te matenga ō te hauwhā ō ngā tamariki i Te Hāpua i mua i te ekenga ki ngā tau e rima. I pā te ngau ō te mate kai mē ngā momo mate manauhea tae noa ki te taipō me te mate kohi; ā
g: he kaupapa manawapā te āhua o te noho ā te tangata i Te Hāpua mā te motu whānui tae noa ki ngā uiui ā te Karauna i ngā tau o te 1920 me te 1930. I mātua īnoi ngā rangatira ō Ngāti Kuri ki Te Karauna kia hokona ngā whenua tūmataiti e rite ana hei oranga mō rātou. Ki te kore tērā, kia āwhinatia rātou ā pūtea ā tohutohu e taea ai te whakawhanake i ngā whenua āpiti e noho ana i raro i te whakahaere ā te Poari Whenua; ā
h: i taua wā i whai wāhi atu ētahi atu tāngata o Aotearoa tae noa hoki ki ētahi Māori i Te Hiku ki ngā āwhina whakawhanake whenua. Kō te āwhina ā Te Karauna i ētahi atu ēngari kaua i ā Ngāti Kuri e noho tonu ana tēnei hei pāmamaetanga mā te iwi; ā
i: e whakaae ana Te Karauna nōna te whakaaro ēhara kē aua whenua i te whenua haumako hei whakawhanaketanga, ka whai kē rātou i te huarahi whakahau kia whakarērea a Te Hāpua e Ngāti Kuri.
12: E whakaae ana Te Karauna nā ēnei kaupapa mē te kore ara tūturu ki te orangatanga mō Ngāti Kuri, he maha ngā whānau mē te hunga e āhei ana ki te mahi ō roto i ā Ngāti Kuri i wehewehe atu i o rātou whenua. Nā tēnei wehewehenga ō ngā whānau ō Ngāti Kuri ka pakeke, ka uaua te whakawhitiwhiti i tō rātou mātauranga Māori, nō konā ka tāmatemate hāere te āheinga ki te kōrero i Te Reo Māori. Kō ngā tikanga manaakitanga mē te whakaū i te kaupapa kaitiakitanga i waimāero nā te wehenga mai ō Ngāti Kuri i ōna whenua.
13: E whakaae ana Te Karauna, arā, ahakoa ngā āhuatanga whakararu i ā rātou, i noho tonu te iwi ō Ngāti Kuri i roto i tōna manawanui ki te mahi tahi ki te whakawhanake i tō rātou whenua me ōna kaupapa oha kia mau tonu ai tōna iwi ki Te Hāpua. Ngā kaupapa whakawhanake
14: E whakaae ana anō Te Karauna i ā ia ka whakaae ki te tuku āwhina whakawhanake mō ngā whenua ō Pārengarenga i ngā tau ō te 1950—
a: Ka tangohia anō te mana whakahāere ō Ngāti Kuri i ō rātou whenua i te wā ō te whakawhanaketanga i ō rātou whenua; ā
b: i tahuri te Katitiaki Māori ki te hokohoko i ngā hea o ia tangata, ā, i te otinga, tae noa mai ki tēnei rā he wāhanga nui tonu ō ngā hea ō te kaporeihana ō Pārengarenga kei roto i ō te Kaitiaki Māori ringaringa.
15: E whakaae ana Te Karauna i whakahaua e ia te whakatakoto ture kia āhei ai Te Kaitiaki Māori ki te tango noa i ngā pānga hea, e ai ki ā ia e noho hua kore ana, mai ngā ariki Māori. E whakaae ana Te Karauna he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi, i pākaha ai ki ngā ariki ō ngā whenua o Pākohu me Pārengarenga. Ko te otinga iho i wehea motuhake ētahi ō Ngāti Kuri mai i tō rātou tūrangawaewae.
16: E whakaae ana Te Karauna kei te rongo tonu a Ngāti Kuri i ngā mamae i ngā kōhuki i whiua ki runga i a rātou e ngā ture o te rau tau rua tekau, otirā i wehea mai ai a Ngāti Kuri i ō rātou whenua tupu.
17: E whakaae ana Te Karauna ko te maha ō ngā whenua e mau tonu ana i te iwi ō Ngāti Kuri he hea takitahi kei ngā kaporeihana kaore kē i raro i te taitara iwi. Kāore tēnei i te hāngai, ā, e kore anō hoki e whai wāhi mai ana ki roto i ngā tikanga ō Ngāti Kuri. Ngā raru i pā ki te whakamahi i a rātou rauemi
18: E whakaae ana Te Karauna i ngā tau ō te 1960 me te 1970 i hokona e ia ētahi poraka whenua rahi i te rohe ō Ngāti Kuri mai i te tangata tūmataiti, ka tohua hei whenua rāhui tūmatanui. Na tērā mahi ka taparere te āhua e whai wāhi atu ai a Ngāti Kuri ki ō rātou mahinga kai, ki ō rātou wahi tapu.
19: E whakaae ana Te Karauna, i ngā tau ō te 1960 ko tōna hiahia ki te whakatū puni tūmatanui ka aruarutia a Ngāti Kuri kia wehe i te papakāinga o Kapowairua, he kāinga i nohoia ai e rātou i ngā whakatupuranga maha, arā ka taiepatia atu rātou ki waho i ō rātou papakāinga. E tino whakaae ana Te Karauna nā te pananga ō Ngāti Kuri mai i Kapowairua ka tau ki runga i ā rātou ko te wairua parure, ko te ngākau mamae kino.
20: E whakaae ana Te Karauna—
a: ki te hiranga nui ki a Ngāti Kuri ō ngā whenua, ngā awa, te moana mē ngā maunga i roto i te whakaaro Māori ki ēnei mea katoa arā, “ko koe au, ko au koe.” Otirā, he rauemi ēnei e pā kaha ana ki te oranga tinana ki te oranga wairua ki tō rātou ahurea tikanga; ā
b: ko te whakahorehore i te whenua i ōna kakahu ake, me te tauhoko hoki i aua whenua ka hua mai ko te haepapatanga i ngā wāhi ō ngā kararehe mē ngā ngārara i whakaaronui atu ai a Ngāti Kuri, arā pēnei me te pūpūharakeke; ā
c: na te wehenga ō Ngāti Kuri i ō rātou whenua ka whāiti te āheinga ō Ngāti Kuri ki te whakawhanake i ō rātou mātauranga ahurea, ki te whakaū i te mana kaitiakitanga i runga i te maha ō ngā rauemi mē ngā tāonga; ā
d: waihoki kāore Te Karauna i kōrero, i haere rānei ki te whakawhitiwhiti whakaaro mē Ngāti Kuri i te wā i whakawhānuitia ai e Te Karauna tōna mana kī ngā rauemi tae atu ki ngā manawa whenua, e noho pāmamae tonu nei a Ngāti Kuri i te rironga o te mana whakahāere ō ēnei mea i Te Karauna.
21: E whakaae ana Te Karauna ki ngā taimahatanga i whiua ē ia ki runga i ā Ngāti Kuri mā roto atu i ngā kura kāwanatanga, kāore nei aua momo kura i aro ki ngā tikanga ahurea Māori, kāore i āwhina ki te whakawhanake i Te Reo Māori me te aha, kāore hoki i whakapono ka taea e te Māori ngā mahi whai mātauranga.
22: E whakaae ana Te Karauna ahakoa ōna hapa ki te whakatutuki ki te whakatinana hoki i ngā whakahau ō Te Tiriti ō Waitangi, i rangatira tonu te kawe ā Ngāti Kuri i a rātou ā iwi nei, ā tangata Aotearoa hoki, tae noa anō ki te haere ki te tinei i te mura o te ahi i ngā pakanga nui, iti hoki o te aō.
23: Kei waho atu i tō rātou kāinga tuturu te nuinga o Ngāti Kuri e noho ana i ēnei rā. E whakaae ana Te Karauna nā roto atu i ōna hapa, i āna mahi hoki ka mahue a Ngāti Kuri i roto i te ahuatanga i uaua, i pakeke ai hoki ki a rātou kia whai oranga mō ēnei rā mē ngā rā kei te tū mai i mua i o rātou aroaro. He hapa rawa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi.
24: E whakaae ana Te Karauna, i roto mai i ngā whakatupuranga tae noa mai ki ēnei rā, nā ōna mahi ka whakarūhi nuitia te ahurea me te mana o Ngāti Kuri, waihoki kāore i whai i te āhua rangatira e tika ana ma Te Karauna. E whakaae ana Te Karauna kua roa rawa te wā e tatari ana a Ngāti Kuri i te puretumu mo ēnei hapa.
10: Apology
To nga uri o Ngāti Kuri, to the ancestors, those here today, and those who are yet to come, the Crown makes the following apology:
1: The Crown unreservedly apologises for its failure to appropriately recognise and respect the mana and rangatiratanga of Ngāti Kuri. This was unprincipled and has left Ngāti Kuri almost invisible as an iwi in the history of Te Hiku o Te Ika.
2: The Crown profoundly regrets its breaches of te Tiriti o Waitangi/the Treaty of Waitangi
3: These omissions restricted Ngāti Kuri's ability to act as kaitiaki over their taonga, wahi tapu, and whenua, and the compounding effects of successive flawed land laws progressively undermined their traditional tikanga and rangatiratanga. The Crown regrets the prejudice Ngāti Kuri have suffered as a result, including being marginalised on their ancestral lands, and a loss of tribal authority, social cohesion, traditional knowledge, and ability to develop economically.
4: The Crown unreservedly apologises for the cumulative effects of its ongoing actions and omissions, which contributed to Ngāti Kuri suffering significant population losses and left the people in poverty, poor housing, and deep distress over successive generations.
5: With this settlement the Crown seeks to atone for these acknowledged injustices and begin the process of reconciliation. The Crown intends, in the utmost good faith, from this point forward to begin a renewed and enduring relationship with Ngāti Kuri based on mutual trust, commitment, co-operation, and respect for te Tiriti o Waitangi/the Treaty of Waitangi Te Whakapāha ā Te Karauna Ki ngā uri ō Ngāti Kuri, ki ngā mātua tūpuna, ki a koutou kei konei i tēnei rā, ki ērā kāore anō kia whānau mai, ko ia tēnei ko te whakapāha ā Te Karauna:
1: E whakatakoto herekore ana Te Karauna i tōna whakapāha mō ōna hapa, mō tōna hē, ki te kore ōna i āta whakamana, whakarangatira hoki i a Ngāti Kuri. He āhuatanga mātāpono kore tēnei, waihoki ka noho a Ngāti Kuri ānō he kanohi kitea kore,
2: E hohonu rawa ana te pōuri ō Te Karauna mō āna takahitanga i ngā mātāpono ō Te Tiriti ō Waitangi, e noho nei hei mamaetanga mō Ngāti Kuri. E kaha whakapāha ana Te Karauna, kāore i rangatira tuturu āna mahi ki a Ngāti Kuri.
3: Na roto i ēnei hapa, kāore i taea e Ngāti Kuri te āta whakatutuki i tā te kaitiaki mahi i ngā tāonga, i ngā wāhi tapu me te whenua. Waihoki, ko te āki mai ā ngā ture whenua hē, ka tārehua hāeretia te mana o ō tikanga mē tōu rangatiratanga. E whakapāha ana Te Karauna i te whakahāweatanga i a Ngāti Kuri nā roto atu i te wehewehe mai i ā koutou i ō koutou whenua tupu, te takahi i te mana ō te iwi, te wehewehe tikanga, te wehewehe tangata, te ngaromanga ō te mātauranga Māori, me te whakapakeke i te huarahi hei whakawhanake ōhanga mō koutou.
4: E whakatakoto herekore ana Te Karauna i tōna whakapāha ki ngā huakore ō āna mahi me ōna hapa, i pākia kinotia ai a Ngāti Kuri, arā ko te ngaro tangata, ko te pōhara, ko ngā whare paea me te noho tino roa i roto i te kohuki.
5: Mā roto atu i tēnei whakataunga e whai ana Te Karauna i te huarahi hei whakatika i ōna hē, kua whakaae nei ia ki aua hē, otirā e taea ai inaianei te whai i te huarahi ō te whakatau hoahoa ō te whakakotahi anō i ngā whakaaro ō Ngāti Kuri mē Te Karauna. Ko te takune ō Te Karauna, i roto i te tino pono, mai tēnei wā, ko te waihanga i tētahi whakawhanaungatanga tūturu mē Ngāti Kuri ko tōna tūāpapa ko te ngākau kotahi, ko te whakamaunga pono, ko te tautoko, me te whakaute i Te Tiriti ō Waitangi me ōna mātāpono. Ka mahia tēnei i roto anō i te whakaaro kia tīmataria anō he whakawhanaungatanga hou, kaha hoki, ko tōna tūāpapa ko te kawe i te whakaaro rangatira me te whakaute. Interpretation provisions
11: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
12: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Aupouri Forest section 136 commercial redress property section 136 common marine and coastal area section 9(1) computer register
a: has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 136 Crown forestry licence section 136 cultural redress property section 22 deed of settlement
a: means the deed of settlement dated 7 February 2014 and entered into—
i: by the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and
ii: by Abbey Subritzky Brown, Kahuipani Petera, Whitiora Abraham, Sheridan Aroha Waitai, Tom Petricevich, Donna Marie Smith, Graeme Neho, Lillian Grace Karaka, Walter John Wells, Henri Jacques Burkhardt, and Charlie Kyle Sucich for and on behalf of Ngāti Kuri; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed, or to its schedules and attachments Director-General documents schedule effective date historical claims section 14 interest korowai subpart 3 LINZ local authority section 5(1) member of Ngāti Kuri section 13(1) NgāiTakoto Te Rūnanga o NgāiTakoto sections 12 13 Ngāti Kahu Ngāti Kahu governance entity Ngāti Kuri section 13 Ngāti Kuri area of interest area of interest Peninsula Block section 136 property redress schedule regional council Part 1 Registrar-General section 4 representative entity
a: the trustees of Te Manawa O Ngāti Kuri Trust; and
b: any person (including any trustee) acting for or on behalf of—
i: the collective group referred to in section 13(1)﻿(a)
ii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)﻿(c)
iii: 1 or more members of Ngāti Kuri reserve section 2(1) reserve property section 22 resource consent section 2(1) RFR subpart 4 RFR date RFR land balance RFR land exclusive RFR land shared RFR land section 152 RFR period section 152 settlement date statutory acknowledgement section 109 Te Aupouri Te Rūnanga Nui o Te Aupouri Trust sections 12 13 Te Hiku o Te Ika iwi
a: means any or all of the following:
i: Ngāti Kuri:
ii: Te Aupouri:
iii: NgāiTakoto:
iv: Te Rarawa; and
b: includes Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under—
i: subparts 2 3
ii: subpart 4 Te Hiku o Te Ika iwi governance entities governance entities
a: mean the governance entity of any or all of the following:
i: Ngāti Kuri:
ii: Te Aupouri:
iii: NgāiTakoto:
iv: Te Rarawa; and
b: include the governance entity of Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under—
i: subparts 2 3
ii: subpart 4 Te Manawa O Ngāti Kuri Trust Te Manawa Te Rarawa Te Rūnanga o Te Rarawa sections 12 13 tikanga trustees of Te Manawa trustees working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 12 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
13: Meaning of Ngāti Kuri
1: In this Act, Ngāti Kuri—
a: means the collective group of individuals who are descended from 1 or more Ngāti Kuri tupuna; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following:
i: Ngāti Kaha:
ii: Te Kari:
iii: Whakakohatu:
iv: Ngāti Waiora:
v: Te Mahoe:
vi: Ngāti Murikahara:
vii: Patukirikiri:
viii: Ringamaui:
ix: Pohotiare:
x: Te Rori:
xi: Patukohatu.
2: In this section and section 14 customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with the tikanga of Ngāti Kuri Ngāti Kuri tupuna
a: exercised customary rights by virtue of being descended from a primary tupuna of Ngāti Kuri; and
b: exercised the customary rights predominantly in relation to the Ngāti Kuri area of interest at any time after 6 February 1840 primary tūpuna of Ngāti Kuri
a: Pohurihanga of the waka Kurahaupo:
b: Maieke.
14: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2)
b: includes the claims described in subsection (3)
c: does not include the claims described in subsection (4)
2: The historical claims are every claim that Ngāti Kuri or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from te Tiriti o Waitangi/the Treaty of Waitangi
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by or on behalf of the Crown; or
ii: by or under legislation.
3: The historical claims include—
a: a claim to the Waitangi Tribunal that relates exclusively to Ngāti Kuri or a representative entity, including each of the following claims, to the extent that subsection (2)
i: Wai 41 (Ngati Kuri lands claim):
ii: Wai 633 (Ngati Kuri claim):
iii: Wai 739 (Rewi Hongi Whanau Trust):
iv: Wai 747 (Ngati Kuri Tribal Lands):
v: Wai 916 (Parengarenga 6 and 7 blocks):
vi: Wai 1692 (Whanau Hapu o Te Hāpua Ahikaa claim):
vii: Wai 1867 (Ngati Kuri (Hoana Karekare) claim); and
b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2)
i: Wai 22 (Muriwhenua Fisheries and SOE claim):
ii: Wai 45 (Muriwhenua land):
iii: Wai 150 (Allocation of Radio Frequencies claim):
iv: Wai 160 (Guardianship Act claim):
v: Wai 249 (Ngapuhi Nui Tonu claim):
vi: Wai 262 (Indigenous Flora and Fauna and Cultural Intellectual Property claim):
vii: Wai 292 (Te Kao Lands and Waterways claim):
viii: Wai 861 (Tai Tokerau District Māori Council Lands):
ix: Wai 1359 (Muriwhenua Land Blocks claim):
x: Wai 1847 (Ngāti Kuri and Te Aupouri (Frances Brunton) claim):
xi: Wai 1980 (Parengarenga 3G Block claim):
xii: Wai 2000 (Harihona Whanau claim).
4: However, the historical claims do not include—
a: a claim that a member of Ngāti Kuri, or a whānau, hapū, or group referred to in section 13(1)﻿(c)
b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a)
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed
15: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims 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.
3: Subsections (1) and (2)
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Part Parts 2 3
d: the redress provided under the deed of settlement or this Part Parts 2 3
5: Subsection (4) this Part Parts 2 3 Amendment to Treaty of Waitangi Act 1975
16: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Ngāti Kuri Claims Settlement Act 2015 section 15(4) and (5) 2015-09-23 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2)
a: to a cultural redress property; or
b: to a commercial redress property; or
c: to the exclusive RFR land or the shared RFR land on and from the RFR date for the land; or
d: for the benefit of Ngāti Kuri or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ Section 17(2)﻿(b) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Resumptive memorials to be cancelled
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that—
a: is all or part of—
i: a cultural redress property:
ii: a commercial redress property:
iii: the RFR land; and
b: is subject to a resumptive memorial recorded under any enactment listed in section 17(2)
2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
a: the settlement date, for a cultural redress property or a commercial redress property; or
b: the RFR date applying to—
i: the exclusive RFR land:
ii: the shared RFR land.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each computer register identified in the certificate; and
b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters
19: Limit on duration of trusts does not apply
1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16
a: do not prescribe or restrict the period during which—
i: Te Manawa O Ngāti Kuri Trust may exist in law; or
ii: the trustees may hold or deal with property or income derived from property; and
b: do not apply to a document entered into to give effect to 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 Te Manawa O Ngāti Kuri Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019
20: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
21: Provisions of other Acts that have same effect
If a provision in this Act has the same effect as a provision in 1 or more of the Te Aupouri Claims Settlement Act 2015 NgāiTakoto Claims Settlement Act 2015 Te Rarawa Claims Settlement Act 2015
2: Cultural redress for Ngāti Kuri
1: Vesting of cultural redress properties
22: Interpretation
In this subpart,— cultural redress property Schedule 1 Properties vested in fee simple
a: Murimotu Island:
b: The Pines Block:
c: Te Hāpua School site B:
d: Tirirangi Urupā: Properties vested in fee simple subject to conservation covenant
e: Mokaikai Pā:
f: Wairoa Pā:
g: Wharekawa Pā: Properties vested in fee simple to be administered as reserves
h: Kapowairua:
i: Mokaikai:
j: Te Raumanuka:
k: Te Rerenga Wairua:
l: Mai i Waikanae ki Waikoropūpūnoa ( Beach site A
m: Mai i Hukatere ki Waimahuru ( Beach site B
n: Mai i Ngāpae ki Waimoho ( Beach site C
o: Mai i Waimimiha ki Ngāpae ( Beach site D Lake and lakebed properties vested in fee simple
p: bed of Lake Ngākeketo:
q: Waihopo Lake property joint management body section 55 jointly vested property paragraphs (a) and (l) to (q) lake
a: the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and
b: the airspace above the water; and
c: the bed below the water reserve property paragraphs (h) to (o) Properties vested in fee simple
23: Murimotu Island
1: The part of Murimotu Island that is a conservation area under the Conservation Act 1987
2: The fee simple estate in the part of Murimotu Island that is not a conservation area (and is not the part of Murimotu Island freed of its status as a conservation area under subsection (1) Land Act 1948
3: The fee simple estate in Murimotu Island vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 24
4: Subsections (1) to (3) subsection (3)
5: The Murimoto Island lease is not a subdivision for the purposes of section 218(1)﻿(a)﻿(iii)
6: Improvements in or on Murimotu Island do not vest in the trustees, despite the vestings referred to in subsection (3)
24: The Pines Block
1: The reservation of the Pines Block (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Pines Block vests in the trustees.
3: Subsections (1) and (2)
25: Te Hāpua School site B
1: This section applies subject to section 26
2: The fee simple estate in Te Hāpua School site B (being Te Hapua School site B) vests in the trustees.
3: Subsection (2)
a: the trustees have provided the Crown with a registrable lease in relation to Te Hāpua School site B on the terms and conditions set out in part 6.1 of the documents schedule; and
b: registrable easements, if any, required by clause 8.5 of the deed of settlement have been entered into.
26: Vesting and alternative description of Te Hāpua School site B in specified circumstances
1: In this section, Te Hāpua School House site A B C
2: If the board section 25(2) and (3)﻿(a) Part 2
3: However, if the board section 25(2) and (3) Part 1 Section 26(2) amended 1 August 2020 section 668 Education and Training Act 2020 Section 26(3) amended 1 August 2020 section 668 Education and Training Act 2020
27: Tirirangi Urupā
1: The reservation of the Tirirangi Urupā (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Tirirangi Urupā vests in the trustees.
3: Subsections (1) and (2) Properties vested in fee simple subject to conservation covenant
28: Mokaikai Pā
1: The reservation of Mokaikai Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Mokaikai Pā vests in the trustees.
3: Subsections (1) and (2)
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77
29: Wairoa Pā
1: The reservation of Wairoa Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Wairoa Pā vests in the trustees.
3: Subsections (1) and (2)
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77
30: Wharekawa Pā
1: The reservation of Wharekawa Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Wharekawa Pā vests in the trustees.
3: Subsections (1) and (2)
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77 Properties vested in fee simple to be administered as reserves
31: Kapowairua
1: The reservation of Kapowairua (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Kapowairua vests in the trustees.
3: The parts of Kapowairua that are Sections 15, 16, 19, 20, and 21 SO 469373 are declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve referred to in subsection (3)
5: The part of Kapowairua that is Section 17 SO 469373 is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
6: The reserve referred to in subsection (5)
7: Subsections (1) to (6)
a: a registrable right of way easement in gross on the terms and conditions set out in part 5.12 of the documents schedule; and
b: a registrable easement for a right to convey water on the terms and conditions set out in part 5.18 of the documents schedule.
8: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
32: Mokaikai
1: The reservation of Mokaikai (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Mokaikai vests in the trustees.
3: Mokaikai is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)﻿(a)
4: The reserve is named Takapaukura Scenic Reserve.
5: The Minister of Conservation must provide the trustees with a registrable right of way easement on the terms and conditions set out in part 5.17 of the documents schedule.
6: The easement required by subsection (5)
a: is enforceable in accordance with its terms, despite Part 3B
b: is to be treated as having been granted in accordance with Part 3B
c: is registrable under section 17ZA(2)
7: Subsections (1) to (6)
8: Despite the provisions of the Reserves Act 1977 subsection (5)
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
33: Te Raumanuka
1: Te Raumanuka ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Raumanuka vests in the trustees.
3: Te Raumanuka is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Te Raumanuka Historic Reserve.
5: Subsections (1) to (4)
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
34: Te Rerenga Wairua
1: The reservation of part of Te Rerenga Wairua (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Rerenga Wairua vests in the trustees.
3: Te Rerenga Wairua is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Te Rerenga Wairua Historic Reserve.
5: Subsections (1) to (4)
a: a registrable right of way easement in gross in favour of the Minister of Conservation on the terms and conditions set out in part 5.14 of the documents schedule; and
b: a registrable right of way easement in gross in favour of Maritime New Zealand on the terms and conditions set out in part 5.13 of the documents schedule; and
c: a registrable lease to Maritime New Zealand on the terms and conditions set out in part 6.3 of the documents schedule.
6: Despite the provisions of the Reserves Act 1977 subsection (5)
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
7: Improvements in or on Te Rerenga Wairua do not vest in the trustees, despite the vesting referred to in subsection (2)
8: The right of way easement created by Proclamation 11625 (North Auckland Land District) is cancelled to the extent that it relates to Te Rerenga Wairua.
9: The Registrar-General must note the effect of subsection (8)
35: Mai i Waikanae ki Waikoropūpūnoa
1: Any part of Beach site A that is a conservation area under the Conservation Act 1987
2: Any part of Beach site A that is Crown forest land under the Crown Forest Assets Act 1989
3: The fee simple estate in Beach site A vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 35
c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 26
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 46
4: Beach site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve.
6: The joint management body established by section 55 Reserves Act 1977 section 26
7: Subsection (6) section 56
36: Mai i Hukatere ki Waimahuru
1: Any part of Beach site B that is a conservation area under the Conservation Act 1987
2: Any part of Beach site B that is Crown forest land under the Crown Forest Assets Act 1989
3: The fee simple estate in Beach site B vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 36
c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 27
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 47
4: Beach site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve.
6: The joint management body established by section 55 Reserves Act 1977 section 26
7: Subsection (6) section 56
37: Mai i Ngāpae ki Waimoho
1: Any part of Beach site C that is a conservation area under the Conservation Act 1987
2: Any part of Beach site C that is Crown forest land under the Crown Forest Assets Act 1989
3: The fee simple estate in Beach site C vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 37
c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 28
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 48
4: Beach site C is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve.
6: The joint management body established by section 55 Reserves Act 1977 section 26
7: Subsection (6) section 56
38: Mai i Waimimiha ki Ngāpae
1: Beach site D ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 38
c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 29
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 49
3: Beach site D is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Mai i Waimimiha ki Ngāpae Scenic Reserve.
5: The joint management body established by section 55 Reserves Act 1977 section 26
6: Subsection (5) section 56
39: Application of Crown forestry licence
1: Subsection (2)
2: As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite—
a: the vesting of the Beach site as a scenic reserve subject to the Reserves Act 1977
b: administration of the site by the joint management body established under section 55
3: Subsection (4)
4: The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block.
5: Despite the provisions of the Reserves Act 1977 subsection (4)
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
6: The permission of a council under section 348 subsection (4) Lake and lakebed properties vested in fee simple
40: Bed of Lake Ngākeketo
1: The reservation of the bed of Lake Ngākeketo (the recorded name of which is Lake Ngakeketa, being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the bed of Lake Ngākeketo vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 41
3: Subsections (1) and (2) subsection (2)
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77
5: The bed of Lake Ngākeketo is not rateable under the Local Government (Rating) Act 2002 section 9
6: To avoid doubt, the vesting under subsection (2)
a: the waters of the lake; or
b: the aquatic life of the lake (other than plants attached to the bed of the lake).
7: To the extent that the bed of Lake Ngākeketo has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
8: In this section, recorded name section 4
41: Lake Ngākeketo Recreation Reserve
1: The Crown stratum above the bed of Lake Ngākeketo continues to be a reserve and continues to be classified as a recreation reserve subject to section 17
2: The reserve is named Lake Ngākeketo Recreation Reserve.
3: In this section, Crown stratum
a: the water of the lake; and
b: the air above the water.
42: Waihopo Lake property
1: The fee simple estate in the Waihopo Lake property vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 42
2: The Waihopo Lake property is not rateable under the Local Government (Rating) Act 2002 section 9
3: To the extent that the Waihopo Lake property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
43: Conditions applying to use of Waihopo Lake property
1: The vesting of the Waihopo Lake property by section 42(1)
2: Members of the public may carry out any lawful recreational activities in or on Waihopo Lake without interference by or on behalf of the trustees.
3: In this section, recreational activity
a: includes swimming, boating, waterskiing, fishing, and duck shooting; but
b: does not include an activity—
i: that is lawful under any enactment or that must be carried out in accordance with an enactment; or
ii: for which members of the public are required by or under any enactment to hold a licence or permit authorising the activity, unless the activity is carried out under and in accordance with the necessary licence or permit; or
iii: that involves attaching a fixture to the Waihopo Lake property or that carries a risk of significant adverse effect to the lake.
4: To avoid doubt, the vesting of the Waihopo Lake property does not give any rights to, or impose any obligations on, the trustees in relation to—
a: the waters of Waihopo Lake; or
b: the aquatic life of the lake (other than plants attached to the bed of the lake). General provisions applying to vesting of cultural redress properties
44: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 1
45: Interests in land for certain reserve properties
1: This section applies to each of Beach sites A, B, C, and D while the property has an administering body that is treated as if the property were vested in it.
2: This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 reserve land
3: If the reserve property is affected by an interest in land listed for the property in Schedule 1
a: the registered proprietor of the property is the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is subject to a Crown forestry licence; but
b: the interest applies as if the administering body were the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is not subject to a Crown forestry licence.
4: For the purposes of registering any interest in land that affects the reserve land,—
a: if the reserve land is subject to a Crown forestry licence, the registered proprietor of the property is the grantor, or the grantee, as the case may be, of that interest:
b: if the reserve land is not subject to a Crown forestry licence, the interest must be dealt with as if the administering body were the registered proprietor of the reserve land.
5: Subsections (3) and (4) section 56
46: Interests that are not interests in land
1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 1
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
3: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
47: Vesting of share of fee simple estate in property
In sections 48 to 51
48: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3)
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the proprietors of the fee simple estate in the property; and
b: record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 8 of the deed of settlement.
4: Subsection (5) subsection (2)
5: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the trustees; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
6: Subsection (7)
7: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create 2 computer freehold registers for the fee simple estate in the property in the names of the trustees; and
b: enter on the relevant computer freehold registers any interests that are registered, notified, or notifiable and that are described in the application.
8: For a jointly vested property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for an equal undivided share of the fee simple estate in the property in the names of the trustees; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the applications.
9: Subsections (5) to (8)
10: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing,—
i: in the case of a property that is not jointly vested, by the Crown and the trustees; or
ii: in the case of a jointly vested property, by the Crown, the trustees, and the trustees of any other Te Hiku o Te Ika iwi governance entity in whom the property is jointly vested.
11: In this section, authorised person
a: the chief executive of LINZ, for the Waihopo Lake property:
b: the Secretary for Education, for Te Hāpua School site B:
c: the Secretary for Justice, for the following properties:
i: Murimotu Island:
ii: Te Rerenga Wairua:
iii: Mai i Waikanae ki Waikoropūpūnoa:
iv: Mai i Hukatere ki Waimahuru:
v: Mai i Ngāpae ki Waimoho:
d: the Director-General, for all other cultural redress properties.
49: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: Part 4A
a: bed of Lake Ngākeketo; or
b: Waihopo Lake property.
4: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24
5: Subsections (2) and (4) subsection (1)
50: Matters to be recorded on computer freehold register
1: The Registrar-General must record on the computer freehold register,—
a: for a reserve property (other than a jointly vested property),—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 49(4) 56
b: for a jointly vested reserve property to which section 48(7)
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 45(4) 49(4) 56
c: for each of the following properties, that Part 4A
i: bed of Lake Ngākeketo; and
ii: Waihopo Lake property; and
d: for any other cultural redress property, that the land is subject to Part 4A
2: A notification made under subsection (1) Part 4A section 24D(1)
3: For a reserve property (other than a jointly vested property), if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to sections 49(4) 56
b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a)
4: For a jointly vested reserve property, if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register created under section 48
i: section 24
ii: the property is subject to sections 45(4) 49(4) 56
b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) section 48
5: The Registrar-General must comply with applications received in accordance with subsection (3)﻿(a) or (4)﻿(a)
51: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
52: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a cultural redress property.
2: Any such easement is—
a: enforceable in accordance with its terms, despite Part 3B
b: to be treated as having been granted in accordance with Part 3B
c: registrable under section 17ZA(2)
53: Names of Crown protected areas discontinued
1: Subsection (2)
2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties
54: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property, except as provided for in sections 35 to 38
2: Sections 78(1)﻿(a) 79 to 81 88
3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2)
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property must not have a name assigned to it or have its name changed under section 16(10)
55: Joint management body for Beach sites A, B, C, and D
1: A joint management body is established for Beach sites A, B, C, and D.
2: The following are appointers for the purposes of this section:
a: the trustees; and
b: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
c: the trustees of Te Rūnanga o NgāiTakoto; and
d: the trustees of Te Rūnanga o Te Rarawa.
3: Each appointer may appoint 2 members to the joint management body.
4: A member is appointed only if the appointer gives written notice with the following details to the other appointers:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date of the notice.
5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
6: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
7: Sections 32 to 34 section 30
8: However, the first meeting of the body must be held not later than 2 months after the settlement date.
9: Section 41
10: A failure of an appointer to comply with subsection (4)
56: Subsequent transfer of reserve land
1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977
2: The fee simple estate in the reserve land in a jointly vested property may be transferred only in accordance with section 58
3: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 57 58
4: In this section and sections 57 to 59 reserve land subsection (1)
57: Transfer of reserve land to new administering body
1: The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners
2: The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to—
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
3: The Registrar-General must, on receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
4: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for the registration of the transfer instrument.
5: The new owners, from the time of their registration under this section,—
a: are the administering body of the reserve land; and
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
6: A transfer that complies with this section need not comply with any other requirements.
58: Transfer of reserve land to trustees of existing administering body if trustees change
The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' solicitor, verifying that paragraphs (a) and (b)
59: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
60: Saving of bylaws, etc, in relation to reserve properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977
2: Te Oneroa-a-Tohe redress
Interpretation
61: Interpretation
In this subpart and Schedule 2 accredited section 2(1) appointers section 65(1) or (2)﻿(c) and (d) beach management agencies beach management plan section 73 Beach sites A, B, C, and D paragraphs (l) to (o) section 22 Central and South Conservation Areas and Ninety Mile Beach marginal strip commissioners section 70 Community Board section 19R sections 19H 19J Council Councils iwi appointer
a: means a governance entity referred to in section 65(1)﻿(a) to (d)
b: if section 65(2) local government legislation
a: the Local Authorities (Members' Interests) Act 1968
b: the Local Government Act 2002
c: the Local Government Act 1974
d: the Local Government Official Information and Meetings Act 1987 marine and coastal area section 9(1) panel section 70 RMA planning document
a: means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA
b: includes a proposed plan within the meaning of section 43AAC Te Oneroa-a-Tohe Board Board section 63(1) Te Oneroa-a-Tohe management area
a: the marine and coastal area; and
b: Beach sites A, B, C, and D vested under subpart 1
c: the Central and South Conservation Areas and Ninety Mile Beach marginal strip (to the extent that section 62
d: any other area adjacent to, or that is within the vicinity of, the areas identified in paragraphs (a) and (b)
i: the Board; and
ii: the owner or administrator of the land Te Oneroa-a-Tohe redress Removal of conservation area status
62: Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip
Any part of the Central and South Conservation Areas and Ninety Mile Beach marginal strip that is situated below the mark of mean high-water springs—
a: ceases to be a conservation area under the Conservation Act 1987
b: is part of the common marine and coastal area. Establishment, status, purpose, and membership of Board
63: Establishment and status of Board
1: The Te Oneroa-a-Tohe Board is established as a statutory body.
2: Despite Schedule 7
a: is a permanent committee; and
b: must not be discharged without the agreement of all the appointers.
3: Despite the membership of the Board provided for by section 65 clause 30(1)﻿(b)
4: Each member of the Board must—
a: act in a manner that will achieve the purpose of the Board; and
b: without limiting paragraph (a)
5: Part 1
64: Purpose of Board
The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations.
65: Appointment of members of Board
1: The Board consists of 8 members appointed as follows:
a: 1 member appointed by the trustees:
b: 1 member appointed by the trustees of the Te Rūnanga Nui o Te Aupouri Trust:
c: 1 member appointed by the trustees of Te Rūnanga o NgāiTakoto:
d: 1 member appointed by the trustees of Te Rūnanga o Te Rarawa:
e: 2 members appointed by the Northland Regional Council, being councillors holding office:
f: 2 members appointed by the Far North District Council, being the mayor and a councillor holding office.
2: If the Minister gives notice under section 66(4)
a: 4 members appointed by the iwi appointers referred to in subsection (1)﻿(a) to (d)
b: 1 member appointed by the mandated representatives of Ngāti Kahu (or its governance entity if there is one); and
c: 4 members appointed as provided for in subsection (1)﻿(e) and (f)
d: 1 member appointed by the Community Board (but who may not necessarily be a member of the Community Board).
3: An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to—
a: participate effectively in carrying out the functions of the Board; and
b: contribute to achieving the purpose of the Board.
4: The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to—
a: participate effectively in carrying out the functions of the Board; and
b: contribute to achieving the purpose of the Board.
5: If the person appointed by the Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4)
6: Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board.
7: Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board.
66: Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
1: On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this subpart on an interim basis.
2: The notice must specify the conditions—
a: that must be satisfied before Ngāti Kahu may participate in Te Oneroa-a-Tohe redress on an interim basis, including a condition that a person may represent Ngāti Kahu on the Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
b: that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a)
3: The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsection (1)
4: If the Minister is satisfied that Ngāti Kahu meets the conditions specified under subsection (2)
a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
b: each of the iwi appointers referred to in section 65(1)﻿(a) to (d)
5: If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—
a: reasonable notice of the breach; and
b: a reasonable opportunity to remedy the breach.
6: The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.
7: In this section, Minister Functions and powers of Board
67: Functions and powers of Board
1: The primary function of the Board is to achieve the purpose of the Board.
2: In achieving the purpose of the Board, the Board must operate in a manner that—
a: is consistent with tikanga Māori; and
b: acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi respectively; and
c: acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles.
3: In addition to the primary function of the Board, its other functions are—
a: to prepare and approve a beach management plan that identifies the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and
b: in respect of the health and well-being of the Te Oneroa-a-Tohe management area, to engage with, seek the advice of, and provide advice to—
i: Te Hiku o Te Ika iwi; and
ii: the Councils; and
iii: any relevant beach management agencies; and
c: to monitor activities in, and the state of, the Te Oneroa-a-Tohe management area; and
d: to monitor the extent to which the Board is achieving its purpose, and the implementation and effectiveness of the beach management plan; and
e: to display leadership and undertake advocacy, including liaising with the community, in order to promote recognition of the unique significance of Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki between the living and the dead; and
f: to appoint commissioners to panels for the purpose of hearing and determining resource consent applications that relate, in whole or in part, to the Te Oneroa-a-Tohe management area; and
g: to engage and work collaboratively with the joint management body established under section 55
h: to take any other action that the Board considers is appropriate for achieving the purpose of the Board.
4: The Board may determine, in any particular circumstance,—
a: whether to perform the functions identified in subsection (3)﻿(b) to (h)
b: how, and to what extent, to perform any of those functions.
5: The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with—
a: this subpart; and
b: subject to paragraph (a)
68: Power of Board to make requests to beach management agencies
1: The Board may make a reasonable request in writing to a relevant beach management agency for the provision of—
a: information or advice to the Board on matters relevant to the Board's functions; and
b: a representative of the agency to attend a meeting of the Board.
2: The Board must—
a: give notice to a beach management agency under subsection (1)﻿(b)
b: provide an agenda for the meeting with the request.
3: If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must—
a: provide the information or advice; and
b: comply with a request made under subsection (1)﻿(b)
4: In addition, the Board may request any other person or entity to—
a: provide specified information to the Board:
b: attend a meeting of the Board. Resource consent applications
69: Criteria for appointment of commissioners
1: Te Hiku o Te Ika iwi and the Councils must—
a: develop criteria to guide the Board in appointing commissioners to hear and determine applications lodged under the Resource Management Act 1991
b: in accordance with those criteria, compile a list of accredited persons approved to be commissioners to hear and determine resource consent applications relating, in whole or in part, to the Te Oneroa-a-Tohe management area.
2: The duties under subsection (1)
3: The Board must keep the list of commissioners under review and up to date.
70: Procedure for appointing hearing panel
1: If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention.
2: Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 65 66 section 69(1)﻿(b)
3: The members of the Board appointed by the Council to which the resource consent application is made must appoint—
a: up to half of the members of the panel from the list of commissioners compiled under section 69(1)﻿(b)
b: 1 of the commissioners appointed to the panel to be the chairperson of the panel.
4: The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3)
5: If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2) subsection (2)
71: Obligation of Councils
Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate—
a: wholly or in part to the Te Oneroa-a-Tohe management area; or
b: to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe management area.
72: Obligation of Board
The Board must provide guidelines to the Councils as to the information that is required under section 71
a: whether the Board requires copies or summaries of resource consent applications, and when those copies or summaries are required; and
b: whether there are certain types of applications that the Board does not require. Beach management plan
73: Preparation and approval of beach management plan
1: The Board must prepare and approve a beach management plan as required by section 67(3)﻿(a) Part 2
2: However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D.
3: The members of the Board appointed by the iwi appointers and referred to in section 65(1)﻿(a) to (d)
74: Purpose and contents of beach management plan
1: The purpose of the beach management plan is to—
a: identify the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and
b: provide direction to persons authorised to make decisions in relation to the Te Oneroa-a-Tohe management area; and
c: express the Board's aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the following matters ( priority matters
i: protecting and preserving the Te Oneroa-a-Tohe management area from inappropriate use and development and ensuring that the resources of the Te Oneroa-a-Tohe management area are preserved and enhanced for present and future generations; and
ii: recognising the importance of the resources of the Te Oneroa-a-Tohe management area for Te Hiku o Te Ika iwi and ensuring the continuing access of Te Hiku o Te Ika iwi to their mahinga kai; and
iii: recognising and providing for the spiritual, cultural, and historical relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe management area.
2: The part of the beach management plan that relates to Beach sites A, B, C, and D—
a: must provide for the matters set out in section 41(3)
b: is deemed to be a management plan for the purposes of that provision.
3: The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan. Effect of beach management plan on specified planning documents
75: Effect of beach management plan on RMA planning documents
1: Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 74(1)﻿(a)
2: When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1)
3: The obligations under this section apply only to the extent that—
a: the contents of the beach management plan relate to the resource management issues of the district or region; and
b: those obligations are able to be carried out consistently with the purpose of the Resource Management Act 1991
4: This section does not limit the provisions of Part 5 Schedule 1
76: Effect of beach management plan on conservation documents
1: Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3 section 74(1)﻿(a)
2: The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A subsection (1)
3: The obligations under this section apply only to the extent that—
a: the vision, objectives, and desired outcomes identified in the beach management plan relate to the conservation issues of the Te Oneroa-a-Tohe management area; and
b: those obligations are able to be carried out consistently with the purpose of the Conservation Act 1987.
4: This section does not limit the provisions of Part 3A
77: Effect of beach management plan on local government decision making
The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002 Application of other Acts
78: Application of other Acts to Board
1: To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 2
a: the Local Authorities (Members' Interests) Act 1968
b: the Local Government Act 1974
c: the Local Government Act 2002
d: the Local Government Official Information and Meetings Act 1987
2: Clause 31(1)
3: Clauses 23(3)﻿(b) 24 26(3) and (4) 27 30(2), (3), (5), and (7) 31(2) and (6)
4: Clauses 19 20 22
a: the references to a local authority being read as references to the Board; and
b: the reference in clause 19(5)
5: To the extent that the rest of Schedule 7
a: a local authority being read as references to the Board; and
b: a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 65
3: Korowai
79: Interpretation
In this subpart and Schedule 3 Conservation Authority Authority section 6A conservation land conservation legislation Conservation Act 1987 Schedule 1 conservation protected area
a: a conservation area under the Conservation Act 1987
b: a reserve administered by the Department of Conservation under the Reserves Act 1977
c: a wildlife refuge, wildlife sanctuary, or wildlife management reserve under the Wildlife Act 1953 contact person customary materials plan section 105 Part 3 customary taking dead protected animal
a: means the dead body or part of the dead body of an animal protected under the conservation legislation; but
b: does not include the body or part of the body of a dead marine mammal draft document CMS section 88 korowai area
a: means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 6 of the deed of settlement; and
b: includes—
i: any additional land, if its inclusion is agreed by the Crown, Te Hiku o Te Ika iwi, and any other relevant neighbouring iwi; and
ii: if the conservation legislation applies to land or resources not within the area specified in paragraph (a)
iii: the common marine and coastal area adjacent to the land referred to in paragraph (a) Minister Ngāti Kahu area of interest section 84 nominator
a: means an entity with responsibility for nominating a member of the Conservation Board under section 83(1)﻿(a)
b: if section 83(2) paragraph (b) Northland CMS
a: the Te Hiku CMS described in section 85(a)
b: the CMS described in section 85(b) parties
a: Te Hiku o Te Ika iwi acting collectively through their representatives; and
b: the Director-General plant section 2(1) plant material relationship agreement representatives
a: the Te Hiku CMS; and
b: the customary materials plan; and
c: the relationship agreement Te Hiku o Te Ika Conservation Board Conservation Board section 81 Te Hiku o Te Ika conservation management strategy Te Hiku CMS Te Rerenga Wairua Reserve wāhi tapu framework section 106 wāhi tapu management plan Part 4 Overview of, and background to, korowai redress
80: Overview and background
1: The provisions of this subpart, Schedule 3
a: the Te Hiku o Te Ika Conservation Board; and
b: the Te Hiku o Te Ika conservation management strategy; and
c: a customary materials plan, wāhi tapu framework, and relationship agreement.
2: Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles: Relationship principles
a: giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi
b: respecting the autonomy of each party and its individual mandate, role, and responsibility:
c: actively working together using shared knowledge and expertise:
d: co-operating in partnership in a spirit of good faith, integrity, honesty, transparency, and accountability:
e: engaging early on issues of known interest to any of the parties:
f: enabling and supporting the use of te reo Māori and tikanga Māori:
g: acknowledging that the parties' relationship is evolving: Conservation principles
h: promoting and supporting conservation values:
i: ensuring public access to conservation land:
j: acknowledging the Kaupapa Tuku Iho ( inherited values
k: supporting a conservation ethos by—
i: integrating an indigenous perspective; and
ii: enhancing a national identity:
l: recognising and acknowledging the role and value of the cultural practices of local hapū in conservation management:
m: recognising the full range of public interests in conservation land and taonga. Te Hiku o Te Ika Conservation Board established
81: Establishment of Te Hiku o Te Ika Conservation Board
1: Te Hiku o Te Ika Conservation Board is established and is to be treated as established under section 6L(1)
2: On and from the settlement date, the Conservation Board established by this section—
a: is a Conservation Board under the Conservation Act 1987
b: must carry out, in the korowai area, the functions specified in section 6M
c: has the powers conferred by section 6N
3: In this subpart, the Conservation Act 1987 applies to the Conservation Board unless, and to the extent that, clause 2
82: Role and jurisdiction of Northland Conservation Board to cease
On and from the settlement date, the Northland Conservation Board set up under Part 2A Constitution of Te Hiku o Te Ika Conservation Board
83: Appointment of members of Te Hiku o Te Ika Conservation Board
1: The Te Hiku o Te Ika Conservation Board consists of—
a: 4 members appointed by the Minister of Conservation as follows:
i: 1 member, on the nomination of the trustees; and
ii: 1 member, on the nomination of the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
iii: 1 member, on the nomination of the trustees of Te Rūnanga o NgāiTakoto; and
iv: 1 member, on the nomination of the trustees of Te Rūnanga o Te Rarawa; and
b: 4 members appointed by the Minister.
2: If the Ministers give notice under section 84(3) section 84
a: 4 members appointed by the Minister on the nomination of the nominators referred to in subsection (1)﻿(a)
b: 1 member appointed by the Minister on the nomination of the mandated representatives of Ngāti Kahu (or if there is one, the Ngāti Kahu governance entity); and
c: 5 members appointed by the Minister.
3: Further provisions concerning the Conservation Board are set out in Part 1
84: Interim participation of Ngāti Kahu on Conservation Board
1: On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers
2: The notice must specify the conditions—
a: that must be satisfied before Ngāti Kahu may participate on the Conservation Board on an interim basis, including conditions that—
i: a person may represent Ngāti Kahu on the Conservation Board only if that person is appointed for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
ii: the person appointed to the Conservation Board to represent Ngāti Kahu must agree to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest; and
b: that must apply to the continuing participation of Ngāti Kahu, including conditions that—
i: a person may represent Ngāti Kahu on the Conservation Board only if that person continues to be approved as the appointee for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
ii: the person appointed to the Conservation Board to represent Ngāti Kahu must continue to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest.
3: If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice, stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis to—
a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
b: each of the nominators referred to in section 83(1)﻿(a)
4: If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—
a: reasonable notice of the breach; and
b: a reasonable opportunity to remedy the breach.
5: The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.
6: In this section, Ngāti Kahu area of interest
a: the Ngāti Kahu Agreement in Principle dated 17 September 2008; and
b: the Te Hiku Agreement in Principle dated 16 January 2010. Conservation management strategy
85: Northland CMS
The Northland CMS consists of—
a: one part, to be known as the Te Hiku CMS,—
i: prepared in accordance with this subpart; and
ii: applying to the korowai area in accordance with section 95
b: one part—
i: prepared by the Northland Conservation Board under the Conservation Act 1987
ii: applying in any part of Northland where the Te Hiku CMS does not apply.
86: Status, effect, and certain contents of Te Hiku CMS
1: The Te Hiku CMS—
a: is a conservation management strategy for the purposes of section 17D
b: has the same effect as if it were a conservation management strategy prepared and approved under that Act.
2: Sections 17E(8) 17F 17H 17I Conservation Act 1987
3: The Te Hiku CMS must—
a: refer to the wāhi tapu framework required by section 106
b: reflect the relationship between Te Hiku o Te Ika iwi and the wāhi tapu described in the framework; and
c: reflect the importance of those wāhi tapu being protected; and
d: acknowledge the role of the wāhi tapu management plan. Preparation of draft Te Hiku CMS
87: Preliminary agreement
1: Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan.
2: The plan must set out—
a: the principal matters to be included in the draft document; and
b: the manner in which those matters are to be dealt with; and
c: the practical steps that the parties will take to prepare and seek approval for the draft document.
88: Draft document to be prepared
1: Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with—
a: the Conservation Board; and
b: any other persons or organisations that the parties agree are appropriate.
2: The parties may agree a later date to commence preparation of the draft document.
3: In addition to the matters prescribed for a conservation management strategy by section 17D section 86(3)
89: Notification of draft document
1: As soon as practicable after the date on which preparation of the draft document commences under section 88
a: notify the draft document in accordance with section 49(1)
b: give notice of the draft document to the relevant local authorities.
2: The notice must—
a: state that the draft document is available for inspection at the places and times specified in the notice; and
b: invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be not less than 40 working days after the date of the notice.
3: The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document.
4: The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate.
90: Submissions
1: Any person may, before the date specified in the notice given under section 89(2)﻿(b)
2: The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission.
91: Hearing
1: Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of—
a: Te Hiku o Te Ika iwi; and
b: the Director-General; and
c: the Conservation Board.
2: The representatives referred to in subsection (1) section 89(4)
3: The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 89(2)﻿(b)
4: After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 89(4)
92: Revision of draft document
The parties must, after considering the submissions heard and other views received under section 89(4)
a: revise the draft document as they consider appropriate; and
b: not later than 6 months after all submissions have been heard, provide to the Conservation Board—
i: the draft document as revised; and
ii: the summary of submissions prepared under section 91(4) Approval process
93: Submission of draft document to Conservation Authority
1: After considering the draft document and the summary of submissions provided under section 92
a: may request the parties to further revise the draft document; and
b: must submit the draft document to the Conservation Authority for its approval, together with—
i: a written statement of any matters on which the parties and the Conservation Board are not able to agree; and
ii: a copy of the summary of the submissions.
2: The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date.
94: Approval of Te Hiku CMS
1: The Conservation Authority—
a: must consider the draft document and any relevant information provided to it under section 93(1)﻿(b)
b: may consult any person or organisation that it considers appropriate, including—
i: the parties; and
ii: the Conservation Board.
2: After considering the draft document and that information, the Conservation Authority must—
a: make any amendments to the draft document that it considers necessary; and
b: provide the draft document with any amendments and other relevant information to the Minister and Te Hiku o Te Ika iwi.
3: Te Hiku o Te Ika iwi and the Minister jointly must—
a: consider the draft document provided under subsection (2)﻿(b)
b: return the draft document to the Conservation Authority with written recommendations that Te Hiku o Te Ika iwi and the Minister consider appropriate.
4: The Conservation Authority, after having regard to any recommendations, must—
a: make any amendments that it considers appropriate and approve the draft document; or
b: return the draft document to Te Hiku o Te Ika iwi and the Minister for further consideration under subsection (3)
95: Effect of approval of Te Hiku CMS
On and from the day that the draft document is approved under section 94
a: the Te Hiku CMS applies, with any necessary modification, in the korowai area; and
b: the part of the Northland CMS described in section 85(b) Review and amendment of Te Hiku CMS
96: Review procedure
1: The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board.
2: Every review must be carried out in accordance with the process set out in sections 87 to 94
3: The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 94
97: Review in relation to Ngāti Kahu area of interest
1: If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 96
2: Subsection (1)
3: If, as a result of a review conducted under subsection (1)
a: the part of the Northland CMS described in section 85(b)
b: the Te Hiku CMS applies to that area.
4: Subsection (3) subsection (1)
5: A review carried out under this section must be carried out in accordance with the process set out in sections 87 to 94
98: Amendment procedure
1: At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS.
2: Unless subsection (3) or (4) sections 87 to 94
3: If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,—
a: the parties must send the proposed amendments to the Conservation Board; and
b: the proposed amendments must be dealt with in accordance with sections 93 and 94
4: However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7) subsection (2) or (3)
5: The Director-General must notify any amendments made under subsection (4) Process to be followed if disputes arise
99: Dispute resolution
1: If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 87 to 98
a: give written notice to the other of the issues in dispute; and
b: require the process under this section and section 100
2: Within 15 working days of the notice being given under subsection (1)
3: If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1)
4: If the dispute has not been resolved within 30 working days after the date of the notice given under subsection (1)
5: Subsection (4)
6: A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties.
100: Mediation
1: If resolution is not reached within a reasonable time under section 99
2: The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation, or, if agreement is not reached within 15 working days of the notice being given under subsection (1)
3: A mediator appointed under subsection (2)
a: must be familiar with tikanga Māori and te reo Māori; and
b: must not have an interest in the outcome of the dispute; and
c: does not have the power to determine the dispute, but may give non-binding advice.
4: The parties must—
a: participate in the mediation in good faith; and
b: share equally the costs of a mediator appointed under this section and related expenses; but
c: in all other respects, meet their own costs and expenses in relation to the mediation.
101: Effect of dispute process on prescribed time limits
If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 99(1)
a: the calculation of any prescribed time is stopped until the dispute is resolved; and
b: the parties must, after the dispute is resolved, resume the process of preparing, approving, or amending the Te Hiku CMS at the point where it was interrupted. Access to Conservation Authority and Minister of Conservation
102: New Zealand Conservation Authority
1: Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority.
2: If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority.
3: A request must—
a: be in writing; and
b: set out the matter of national importance to be discussed; and
c: be given to the Conservation Authority not later than 20 working days before the date of a scheduled meeting.
4: The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting.
103: Minister of Conservation
1: The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area.
2: The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi.
3: Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must—
a: propose the agenda for the meeting; and
b: provide relevant information relating to the matters on the agenda.
4: The persons who are entitled to attend the annual meeting are—
a: Te Hiku o Te Ika iwi leaders; and
b: the Minister or Associate Minister of Conservation (or, if neither Minister is able to attend, a senior delegate appointed by the Minister, if Te Hiku o Te Ika iwi agree). Decision-making framework
104: Acknowledgement of section 4 of Conservation Act 1987
When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must,—
a: in applying section 4 Treaty of Waitangi
i: to the extent required by the conservation legislation; and
ii: in a manner commensurate with—
A: the nature and degree of Te Hiku o Te Ika iwi interest in the korowai area; and
B: the subject matter of the decision; and
b: comply with the provisions of Part 2 Transfer of decision-making and review functions
105: Customary materials plan
1: The parties must jointly prepare and agree a customary materials plan that covers—
a: the customary taking of plant material from conservation protected areas within the korowai area; and
b: the possession of dead protected animals found within the korowai area.
2: The first customary materials plan must be agreed not later than the settlement date.
3: Part 3
106: Wāhi tapu framework
1: The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu.
2: Part 4
107: Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
Part 5 Relationship agreement
108: Relationship agreement
Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 6 of the deed of settlement.
4: Statutory acknowledgement
109: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Ngāti Kuri of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 2.1 of the documents schedule statutory acknowledgement section 110 statutory area Schedule 4 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement, as defined in section 43AA
b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement
110: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
111: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 112 to 114
b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees in accordance with sections 115 116
c: to enable the trustees and any member of Ngāti Kuri to cite the statutory acknowledgement as evidence of the association of Ngāti Kuri with a statutory area, in accordance with section 117
112: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) Resource Management Act 1991
113: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274
3: Subsection (2) Resource Management Act 1991
114: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: This section applies to an application made under section 44 56 61
2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62
3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
a: in determining whether the trustees are persons directly affected by the decision; and
b: in determining, under section 59(1) 64(1)
4: In this section, archaeological site section 6
115: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include—
a: a copy of sections 110 to 114 116 117
b: descriptions of the statutory areas wholly or partly covered by the plan; and
c: the statement of association for each statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
116: Provision of summary or notice to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: A summary provided under subsection (1)﻿(a) section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)﻿(b)
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
117: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Kuri may, as evidence of the association of Ngāti Kuri with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga; or
d: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1)
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2)
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Kuri are precluded from stating that Ngāti Kuri has an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made. General provisions relating to statutory acknowledgement
118: Application of statutory acknowledgement to river or stream
If any part of the statutory acknowledgement applies to a river or stream, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: an artificial watercourse; or
iii: a tributary flowing into the river.
119: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under any enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Kuri with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area.
3: Subsection (2) subsection (1)
4: This section is subject to the other provisions of this subpart.
120: Rights not affected
1: The statutory acknowledgement does not—
a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991
121: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991.
2: In Schedule 11 Ngāti Kuri Claims Settlement Act 2015 2015-09-23 Resource Management Act 1991
5: Protocols
122: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 123(1)﻿(a)
i: the taonga tūturu protocol:
ii: the protocol with the Minister of Energy and Resources:
iii: the fisheries protocol; and
b: includes any amendments made under section 123(1)﻿(b) responsible Minister
a: for the protocol with the Minister of Energy and Resources, that Minister:
b: for the fisheries protocol, the Minister for Primary Industries:
c: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
d: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol. General provisions applying to protocols
123: Issuing, amending, and cancelling protocols
1: Each responsible Minister—
a: must issue a protocol to the trustees on the terms set out in part 3 of the documents schedule; and
b: may amend or cancel that protocol.
2: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
124: Protocols subject to rights, functions, and duties
Protocols do not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a department of State; or
c: the legal rights of Ngāti Kuri or a representative entity.
125: Enforcement of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950
3: Despite subsection (2)
4: To avoid doubt,—
a: subsections (1) and (2)
b: subsection (3) subsection (2) Crown minerals
126: Protocol with Minister of Energy and Resources
1: The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991
a: a register of protocols maintained by the chief executive; and
b: the minerals programmes that affect the protocol area, but only when those programmes are changed.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991
3: The protocol with the Minister of Energy and Resources does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
4: In this section,— Crown mineral section 2(1)
a: that is the property of the Crown under section 10 11
b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 minerals programme section 2(1) protocol area Taonga tūturu protocol
127: Taonga tūturu protocol
1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: In this section, taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1) Fisheries
128: Fisheries protocol
1: The chief executive of the department of State responsible for the administration of the Fisheries Act 1996
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Maori Commercial Aquaculture Claims Settlement Act 2004
c: the Maori Fisheries Act 2004
d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4: In this section,— fisheries plan section 11A fisheries protocol area
6: Fisheries advisory committees
129: Interpretation
In this subpart,— fisheries protocol area section 128(4) Minister Ngāti Kuri fisheries advisory committee
130: Appointment of Ngāti Kuri fisheries advisory committee
1: The Minister must, not later than the settlement date, appoint the trustees to be an advisory committee under section 21(1)
2: The purpose of the Ngāti Kuri fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996
3: The Minister must consider any advice given by the Ngāti Kuri fisheries advisory committee.
4: In considering any advice, the Minister must recognise and provide for the customary, non-commercial interests of Ngāti Kuri. Joint fisheries advisory committee
131: Appointment of joint fisheries advisory committee
1: The Minister must, on the settlement date, appoint a joint fisheries advisory committee to be an advisory committee under section 21(1)
2: Each Te Hiku o Te Ika iwi governance entity must appoint 1 person to be a member of the committee.
3: The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996
a: the fisheries protocol area; and
b: the fisheries protocol areas provided for by—
i: section 130
ii: section 125
iii: section 141
4: The Minister must consider any advice given by the joint fisheries advisory committee.
5: In considering the advice from the joint fisheries advisory committee, the Minister must recognise and provide for the customary, non-commercial interests of Te Hiku o Te Ika iwi.
6: If a Te Hiku o Te Ika iwi does not enter into a fisheries protocol with the Minister, the relevant area for the purpose of advising the Minister under subsection (3)
7: In this section,— exclusive economic zone section 4(1) quota management area section 2(1)
7: Official geographic names
132: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4
133: Official geographic names
1: A name specified in the second column of the table in clause 8.32 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19
134: Publication of official geographic names
1: The Board must, as soon as practicable after the settlement date, give public notice of each official geographic name under section 133 section 21(2) and (3)
2: The notices must state that each official geographic name became an official geographic name on the settlement date.
135: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named by this subpart, the Board—
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: However, in the case of the features listed in subsection (3)
a: the trustees; and
b: the trustees of Te Rūnanga o NgāiTakoto; and
c: the trustees of Te Rūnanga o Te Rarawa; and
d: the trustees of the Te Rūnanga Nui o Te Aupouri Trust.
3: Subsection (2)
a: Te Oneroa-a-Tōhē / Ninety Mile Beach:
b: Cape Reinga / Te Rerenga Wairua:
c: Piwhane / Spirits Bay.
4: To avoid doubt, the Board must give public notice of a determination made under subsection (1) section 21(2) and (3)
3: Commercial redress
136: Interpretation
In subparts 1 to 3 Aupouri Forest commercial redress property Crown forest land section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the Peninsula Block and the cultural forest land properties, means the licence held in computer interest register NA100A/1 Crown forestry rental trust section 34 Crown forestry rental trust deed cultural forest land properties
a: means Beach sites A, B, and C defined as cultural redress properties in section 22
b: means Hukatere Pā, as defined in section 22 Te Aupouri Claims Settlement Act 2015
c: means Hukatere site A, as defined in section 22
d: means Hukatere site B, as defined in section 22
e: excludes, to the extent provided for by the Crown forestry licence,—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been—
A: acquired by any purchaser of the trees on the land; or
B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land joint licensor governance entities
a: the trustees; and
b: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
c: the trustees of Te Rūnanga o NgāiTakoto; and
d: the trustees of Te Rūnanga o Te Rarawa land holding agency licensee licensor Peninsula Block
a: means the licensed land (being part of the Aupouri Forest) described in part 3 of the property redress schedule; but
b: excludes, to the extent provided for by the Crown forestry licence for the land,—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been—
A: acquired by any purchaser of the trees on the land; or
B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land Peninsula Block settlement trust
a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust:
b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust:
c: for NgāiTakoto, Te Rūnanga o NgāiTakoto:
d: for Te Rarawa, Te Rūnanga o Te Rarawa protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 relevant trustees right of access section 149
1: Transfer of commercial redress properties
137: The Crown may transfer properties
To give effect to part 9 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—
a: transfer the fee simple estate in a commercial redress property to the trustees; and
b: sign a transfer instrument or other document, or do anything else necessary to effect the transfer.
138: Transfer of share in fee simple estate in property
In this subpart subparts 2 3
139: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property.
2: An easement granted under subsection (1)
a: is enforceable in accordance with its terms, despite Part 3B
b: is to be treated as having been granted in accordance with Part 3B
c: is registrable under section 17ZA(2)
140: Computer freehold registers for commercial redress properties
1: This section applies to a commercial redress property (other than the Peninsula Block) that is to be transferred to the trustees under section 137
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a computer freehold register; or
b: there is no computer freehold register for all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
4: Subsection (3)
5: In this section and sections 141 142 authorised person
141: Computer freehold register for Peninsula Block
1: This section applies to the Peninsula Block.
2: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register in the name of the Crown for the fee simple estate in the property; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
3: Subsection (2)
142: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of sections 140 141
2: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and
b: the Registrar-General must comply with the request.
143: Application of other enactments
1: This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
6: In exercising the powers conferred by section 137
7: Subsection (6) subsections (2) and (3)
144: Transfer of Te Paki Station
1: This section relates to the commercial redress property described as Te Paki Station in part 3 of the property redress schedule.
2: The reservation of Te Paki Station (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
3: The official geographic name of Te Paki Recreation Reserve is discontinued in respect of Te Paki Station, and the Board must amend the Gazetteer accordingly.
4: Sections 24 25 subsection (2)
5: The trustees must provide the Crown with a registrable covenant in relation to Te Paki Station on the terms and conditions set out in part 5.1 of the documents schedule.
6: The covenant is to be treated as a conservation covenant for the purposes of section 77
7: The right of way easement created by Proclamation 11625 (North Auckland Land District) is cancelled to the extent that it relates to Te Paki Station.
8: The Registrar-General must note the effect of subsection (7)
9: In subsection (3) Board Gazetteer official geographic name section 4
2: Licensed land
145: Peninsula Block ceases to be Crown forest land
1: The Peninsula Block ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the relevant trustees.
2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989
146: Relevant trustees are confirmed beneficiaries and licensors
1: The relevant trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the Peninsula Block.
2: The effect of subsection (1)
a: the relevant trustees are entitled to receive the rental proceeds for the Peninsula Block payable, since the commencement of the licence, to the trustees of the Crown forestry rental trust under the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the relevant trustees are the confirmed beneficiaries in relation to the Peninsula Block.
3: Despite subsection (2)﻿(a)
4: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
5: Notice given under subsection (4)
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation had become final on the settlement date.
6: The relevant trustees are the licensors under the Crown forestry licence as if the Peninsula Block and the cultural forest land properties had been returned to Māori ownership—
a: on the settlement date; and
b: under section 36
7: However, section 36(1)﻿(b)
147: Effect of transfer of Peninsula Block
Section 146
a: the transfer of the fee simple estate in the Peninsula Block has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence have been completed, providing a single licence for the Peninsula Block and the cultural forest land properties.
148: Licence splitting process must be completed
1: To the extent that the Crown has not completed the processes referred to in section 147(b)
a: on and after the settlement date; and
b: until they are completed.
2: Subsection (3)
a: is payable for the period starting on the settlement date and ending on the completion of the processes referred to in subsection (1) section 147
b: is not part of the rental proceeds referred to in section 146(2)﻿(a)
3: The licence fee payable is the amount calculated in the manner described in paragraphs 4.25 and 4.26 of the property redress schedule.
4: However, the calculation of the licence fee under subsection (3)
5: On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the Peninsula Block and the cultural forest land properties, be read as references to the relevant trustees.
3: Access to protected sites
Right of access
149: Right of access to protected sites
1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special spiritual, cultural, or historical significance to have access across the land to each protected site.
2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: The right of access 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 that 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 of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for—
i: the safety of people; or
ii: the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: operational reasons.
150: Right of access over Peninsula Block
1: A right of access over the Peninsula Block is subject to the terms of any Crown forestry licence.
2: However, subsection (1)
3: An amendment to a Crown forestry licence is of no effect to the extent that it would—
a: delay the date from which a person may exercise a right of access; or
b: adversely affect a right of access in any other way.
151: Right of access to be recorded on computer freehold register
1: This section applies to the transfer to the trustees of the Peninsula Block.
2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
3: The Registrar-General must, on the registration of the transfer of the land, record, on any computer freehold register for the land, that the land is subject to a right of access to protected sites on the land.
4: Right of first refusal over RFR land
Interpretation
152: Interpretation
In this subpart and Schedule 5 balance RFR land
a: is exclusive RFR land or shared RFR land; and
b: has been offered for disposal to the trustees of an offer trust—
i: as exclusive RFR land or shared RFR land; and
ii: in accordance with section 155
c: has not been withdrawn under section 157
d: has not been accepted in accordance with section 158 control paragraph (d)
a: for a company, control of the composition of its board of directors; and
b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body
a: a Crown entity (as defined by section 7(1)
b: a State enterprise (as defined by section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of
a: means—
i: to transfer or vest the fee simple estate in the land; or
ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
b: to avoid doubt, does not include—
i: to mortgage, or give a security interest in, the land; or
ii: to grant an easement over the land; or
iii: to consent to an assignment of a lease, or to a sublease, of the land; or
iv: to remove an improvement, fixture, or fitting from the land exclusive RFR land expiry date sections 155(1)﻿(a) 156 Ngāti Kuri settlement date notice offer section 155 offer trust
a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:
b: for shared RFR land, the Te Manawa O Ngāti Kuri Trust and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment:
c: for balance RFR land, the RFR settlement trust for each remaining iwi other relevant iwi Other Relevant Iwi public work section 2 recipient trust
a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:
b: for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 158 related company section 2(3) remaining iwi RFR date
a: for the exclusive RFR land:
b: for the shared RFR land RFR land section 153 RFR landowner
a: means—
i: the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
ii: a Crown body, if the body holds the fee simple estate in the land; and
b: includes a local authority to which RFR land has been disposed of under section 161(1)
c: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the RFR date for that land; or
ii: after the RFR date for that land, under section 162(1) RFR period
a: for exclusive RFR land, a period of 172 years from the settlement date, in the case of an iwi granted a right to exclusive RFR land; and
b: for balance RFR land, a period of 172 years from the settlement date; and
c: for shared RFR land,—
i: a period of 172 years from the Ngāti Kuri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Ngāti Kuri settlement date; or
ii: if the settlement date for each of the other relevant iwi has not occurred on or before the Ngāti Kuri settlement date, a period of 172 years from the earlier of—
A: the date that is 24 months after the Ngāti Kuri settlement date; and
B: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment RFR settlement trust
a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and
b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and
c: for NgāiTakoto, Te Rūnanga o NgāiTakoto; and
d: for Te Rarawa, Te Rūnanga o Te Rarawa; and
e: for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims shared RFR land
a: the Ngāti Kuri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Ngāti Kuri settlement date; or
b: if the settlement date for each of the other relevant iwi has not occurred on or before the Ngāti Kuri settlement date, the earlier of—
i: 24 months after the Ngāti Kuri settlement date; and
ii: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment subsidiary section 5
153: Meaning of RFR land
1: In this subpart, RFR land
a: exclusive RFR land; and
b: shared RFR land; and
c: balance RFR land; and
d: land obtained in exchange for a disposal of RFR land under section 166(1)﻿(c) 167
2: However, land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 159
ii: any other person (including the Crown or a Crown body) under section 154(1)﻿(d)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 163 to 170
ii: under any matter referred to in section 171(1)
c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 179
d: the RFR period for the land ends. Restrictions on disposal of RFR land
154: Restrictions on disposal of RFR land
1: An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of—
a: under any of sections 160 to 170
b: under any matter referred to in section 171(1)
c: in accordance with a waiver or variation given under section 179
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees—
i: related to exclusive RFR land or shared RFR land; and
ii: was made in accordance with section 155
iii: was made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
iv: was not withdrawn under section 157
v: was not accepted under section 158
2: Subsection (1)﻿(d)
a: an offer to dispose of the balance RFR land has been made in accordance with section 155
b: that offer is not accepted by the trustees of an offer trust under section 158(3) Trustees' right of first refusal
155: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be made by notice to the trustees of the 1 or more offer trusts, incorporating—
a: the terms of the offer, including its expiry date; and
b: the legal description of the land, including any interests affecting it and the reference for any computer register that contains the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer; and
e: a statement that identifies the land as exclusive RFR land, shared RFR land, or balance RFR land, as the case may be.
2: To avoid doubt, an offer made under this section by an RFR landowner to dispose of balance RFR land must be on terms that are the same (as far as practicable) as the terms of the offer made to the trustees of an offer trust to dispose of that land as exclusive RFR land or shared RFR land (as the case may have been).
156: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if—
a: the trustees have received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
3: For an offer of shared RFR land, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 155(1) section 158(4)
157: Withdrawal of offer
The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted.
158: Acceptance of offer
1: The trustees of an offer trust may, by notice to the RFR landowner who makes an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less.
3: In the case of an offer of shared RFR land or balance RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust.
4: In the case of an offer of shared RFR land, if the RFR landowner has received, at the expiry date specified in the notice of offer given under section 155
a: specifying the offer trusts from whose trustees acceptance notices have been received; and
b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner's notice is received under this subsection.
159: Formation of contract
1: If the trustees of an offer trust accept an offer by an RFR landowner under section 158
2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust.
3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee
4: The trustees of the recipient trust may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: the trustees of the recipient trust give notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If the trustees of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land
160: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 160(2) amended 1 August 2020 section 668 Education and Training Act 2020
161: Disposal of existing public works to local authorities
1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1)
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
162: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land
163: Disposal in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
164: Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the RFR date for that land; or
ii: was conditional before the RFR date for that land but became unconditional on or after that date; or
iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or
b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land.
165: Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 34 43 44
c: section 355(3)
166: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)﻿(a)
d: section 117(3)﻿(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)﻿(e)
167: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
168: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
169: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the RFR date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the RFR date; or
ii: on or after the RFR date for that land under a right of renewal of a lease granted before that RFR date; or
c: under section 93(4)
170: Disposal by Housing New Zealand Corporation
1: Housing New Zealand Corporation or any of its subsidiaries may dispose of RFR land to any person if the Corporation has given notice to the trustees of the 1 or more offer trusts that, in the Corporation's opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown's social objectives in relation to housing or services related to housing.
2: To avoid doubt, in subsection (1) RFR land RFR landowner obligations
171: RFR landowner’s obligations subject to other matters
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps, for the purposes of subsection (1)﻿(b)﻿(ii) Notices about RFR land
172: Notice to LINZ of RFR land with computer register after RFR date
1: If a computer register is first created for RFR land after the RFR date for the relevant land, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
2: If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
4: The notice must include the legal description of the land and the reference for the computer register that contains the land.
173: Notice to trustees of offer trusts of disposal of RFR land to others
1: An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee.
2: The notice must be given on or before the date that is 20 working days before the day of the disposal.
3: The notice must include—
a: the legal description of the land and any interests affecting it; and
b: the reference for any computer register for the land; and
c: the street address for the land (if applicable); and
d: the name of the person to whom the land is being disposed of; and
e: an explanation of how the disposal complies with section 154
f: if the disposal is to be made under section 154(1)﻿(d)
174: Notice to LINZ of land ceasing to be RFR land
1: This section applies if land contained in a computer register is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 159
ii: any other person (including the Crown or a Crown body) under section 154(1)﻿(d)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 163 to 170
ii: under any matter referred to in section 171(1)
c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 179
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must include—
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land.
175: Notice requirements
Schedule 5
a: an RFR landowner; or
b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on computer registers
176: Right of first refusal recorded on computer registers for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,—
a: the RFR land for which there is a computer register on the RFR date for the land; and
b: the RFR land for which a computer register is first created after the RFR date for the land; and
c: land for which there is a computer register that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable after—
a: the RFR date for the land, for RFR land for which there is a computer register on that RFR date; or
b: receiving a notice under section 172
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 153
b: subject to this subpart (which restricts disposal, including leasing, of the land).
177: Removal of notifications when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 174
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land; and
d: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notifications recorded under section 176
178: Removal of notifications when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
a: the reference for each computer register for RFR land that still has a notification recorded under section 176
b: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 176 General provisions applying to right of first refusal
179: Waiver and variation
1: The trustees of the 1 or more offer trusts may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
2: The trustees of the 1 or more offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
180: Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
181: Assignment of rights and obligations under this subpart
1: Subsection (3)
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and
b: has given the notices required by subsection (2)
2: An RFR holder must give notices to each RFR landowner—
a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specifying the date of the assignment; and
c: specifying the names of the assignees and, if the assignees are the trustees of a trust, the name of the trust; and
d: specifying the street address, postal address, and fax number or electronic address for notices to the assignees.
3: This subpart and Schedule 5
4: In this section and Schedule 5 constitutional documents RFR holder
a: they are the trustees of 1 or more offer trusts; or
b: they have previously been assigned those rights and obligations under this section.