Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008

1: Title
This Act is the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008.
2: Commencement
1: Sections 107 108
2: The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 18 November 2010 clause 2 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Commencement Order 2010 Section 2(2) brought into force 4 June 2009 clause 2 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Commencement Order 2009 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Purpose of Act, acknowledgements and apology, interpretation provisions, settlement of claims, and miscellaneous matters
1: Purpose of Act and acknowledgements and apology of the Crown to Affiliate
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement dated 11 June 2008 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, for the Crown, and by Eru George, Eva Moke, Wikeepa Te Rangipuawhe Maika, Anaru Rangiheuea, Te Poroa Joseph Malcolm, Ruka Hughes, Edwin McKinnon, John Waaka, Jim Schuster, Mita Pirika, Materoa Peni, Wallace Haumaha, Fred Cookson, Roger Pikia, and Te Po Hawaiki Wiringi Jones for the Affiliate; and
b: to give effect to certain provisions of the deed of settlement, which is a deed that settles the Affiliate historical claims.
4: Act binds the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: The preamble summarises the historical account set out in Part 7 of the deed of settlement.
3: This Part, which follows the Title and commencement sections,—
a: sets out the purpose of the Act, records the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement, and specifies that the Act binds the Crown; and
b: defines terms used in this Act, including key terms such as Affiliate and Affiliate historical claims; and
c: provides that the settlement of the Affiliate historical claims is final, and deals with related issues, including—
i: a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in considering the Affiliate historical claims; and
ii: provision for consequential amendments to the Treaty of Waitangi Act 1975; and
iii: a statement of the effect of the settlement on certain memorials; and
iv: miscellaneous matters relating to the settlement, namely, the exclusion of the limit on the duration of a trust
4: Parts 2 3
a: the issue of protocols to the trustees, and the amendment and cancellation of those protocols, by the Minister for Arts, Culture and Heritage, the Minister of Conservation, and the Minister of Fisheries; and
b: acknowledgements by the Crown of the statements made by the Affiliate of its cultural, spiritual, historical, and traditional association with specified statutory areas, together with provisions as to the effects of those acknowledgements; and
c: the vesting in the trustees of the fee simple estate in 24 cultural redress properties (2 of which may be delayed vestings and, in another case, with only an undivided half share vesting in the trustees, and the other half share vesting in the trustees of the Te Ariki trust); and
d: the delayed vesting of 2 properties in a Pikiao entity (in 1 case to be administered as a scenic reserve), and of 1 other property in the trustees; and
e: the 4 whenua rahui; and
f: the deed of recognition; and
g: the 3 specially classified reserves; and
h: the alteration and assignment of place names.
5: Part 4
a: the transfer of commercial redress properties to the trustees in accordance with the deed of settlement; and
b: the creation of easements in relation to the commercial redress properties; and
c: the creation of computer registers, and the effect of registration, in relation to the commercial redress properties; and
d: the application of other enactments in relation to the transfers; and
e: rights of access to protected sites, and the conditions applying to the access.
6: There are 7 schedules that—
a: define the collective groups that together constitute the Affiliate, and contain other related definitions:
b: set out the meaning of Affiliate historical claims:
c: set out the statutory areas for which statutory acknowledgements and geothermal statutory acknowledgements are provided:
d: describe the nga whenua rahui:
e: describe the specially classified reserves:
f: describe the cultural redress properties:
g: describe other land related to the cultural redress properties. Section 5(3)﻿(c)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements and apology
Sections 7 8
7: Text of acknowledgements
The text of the acknowledgements, as set out in the deed of settlement, is as follows:
1: The Crown acknowledges that it has failed to deal with the longstanding grievances of the Affiliate in an appropriate way and that recognition of the grievances of the Affiliate is long overdue.
2: The Crown acknowledges that—
a: it did not consult with the Affiliate on native land legislation prior to its enactment; and
b: the operation and impact of the native land laws, in particular the awarding of land to individuals and the enabling of individuals to deal with that land without reference to the iwi and hapu, made the lands of the Affiliate more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the traditional tribal structures of the Affiliate, which were based on collective tribal and hapu custodianship of land; and
c: it failed to take steps to adequately protect the traditional tribal structures of the Affiliate, and this had a prejudicial effect on the Affiliate and was a breach of the Treaty of Waitangi and its principles.
3: The Crown acknowledges that the combined effect of certain Crown actions meant that the Crown failed to actively protect the interests of the Affiliate in the land they wished to retain, and that this was a breach of the Treaty of Waitangi and its principles. The actions include—
a: the Crown’s use of payments for land before title to the land was determined by the Native Land Court:
b: the aggressive purchase techniques employed on occasion by the Crown:
c: the Crown’s use and implementation of its monopoly powers over dealings in the land of the Affiliate.
4: The Crown acknowledges that—
a: a large amount of Affiliate land has been alienated since 1840; and
b: the combined effect of the Crown’s actions and omissions has left some of the Affiliate virtually landless; and
c: its failure to ensure that all members of the Affiliate were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi and its principles.
5: The Crown acknowledges that lands of particular significance to the Affiliate, including land at Te Ariki, Okere Falls, and lands with geothermal surface features at Orakei Korako and Rotorua Airport, were taken under public works legislation. The Crown acknowledges that these takings have impeded the ability of the Affiliate to exercise control over its taonga and wahi tapu and maintain and foster spiritual connections with those ancestral lands. This has resulted in a sense of grievance among the Affiliate that still exists today.
6: The Crown acknowledges—
a: the generosity of the Affiliate in gifting land containing scenic sites to the nation; and
b: that, in the case of land gifted by Ngati Pikiao for the Rotoiti Scenic Reserve and at the time of gifting, the Crown had been undertaking measures to compulsorily acquire a greater area of land under the Scenery Preservation Act 1908.
7: The Crown acknowledges that the Affiliate considers the geothermal resource a taonga. The Crown also acknowledges that the following matters have caused a sense of grievance within the Affiliate that is still held today:
a: the passing of the Geothermal Energy Act 1953; and
b: the loss of lands containing geothermal features for public works purposes.
8: The Crown acknowledges that—
a: Affiliate expectations of an ongoing and mutually beneficial relationship with the Crown were not always realised; and
b: twentieth-century land development did not always provide the economic opportunities and benefits that the Affiliate expected.
9: The Crown acknowledges that the Affiliate has been loyal to the Crown in honouring its obligations and responsibilities under the Treaty of Waitangi, especially, but not exclusively, in war service overseas by some of its members. The Crown pays tribute to the contribution made by the Affiliate to the defence of the nation.
8: Text of apology
The text of the apology, as set out in the deed of settlement, is as follows:
1: The Crown recognises the efforts and struggles of the ancestors of the Affiliate in pursuit of their claims for redress, justice, and compensation and makes this apology to the members of the Affiliate, to their ancestors, and to their descendants.
2: The Crown profoundly regrets and unreservedly apologises to the Affiliate for the breaches of the Treaty of Waitangi and its principles, acknowledged in section 7
3: The Crown profoundly regrets and unreservedly apologises for the cumulative effect of its actions over the generations, which have undermined tribal structures and had a damaging impact on the landholdings and development of the Affiliate.
4: Accordingly, the Crown seeks to atone for these wrongs and assist the process of healing with this settlement, and looks forward to building a relationship of mutual trust and co-operation with the Affiliate.
2: Interpretation provisions
9: 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.
10: Interpretation
In this Act, unless the context otherwise requires,— actual deferred settlement date Affiliate section 11(1) Affiliate Ancestor section 11(2) Affiliate historical claims section 12 Affiliate values sections 49 68 airport land section 120 airport lease section 120 aquatic life section 2(1) archaeological site section 31(2) area of interest
a: means the area that the Affiliate identifies as its area of interest, as set out in Schedule 6 of the deed of settlement; but
b: does not include the Te Arawa lakes authorised person
a: in respect of a cultural redress property, has the meaning given to it in section 111(9)
b: in respect of a commercial redress property, has the meaning given to it in section 126(5) 138(5) business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of the provinces of Wellington and Auckland collective group
a: listed in section 11(1)﻿(a)
b: defined in Part 1 of Schedule 1 commercial redress property
a: the licensed land; and
b: a deferred selection property Commissioner of Crown Lands section 2 consent authority section 2(1) conservation area section 2(1) Conservation Board section 49 conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 2(1) Crown forestry assets section 2(1) Crown forestry licence
a: has the meaning given to it in section 2(1)
b: in relation to the licensed land, means the licence described in Part 1 of Schedule 4 of the deed of settlement Crown forestry rental trust deed section 34 cultural redress property section 88 deed of recognition section 43 deed of settlement deed
a: mean the deed of settlement dated 11 June 2008 and signed by—
i: the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, for the Crown; and
ii: Eru George, Eva Moke, Wikeepa Te Rangipuawhe Maika, Anaru Rangiheuea, Te Poroa Joseph Malcolm, Ruka Hughes, Edwin McKinnon, John Waaka, Jim Schuster, Mita Pirika, Materoa Peni, Wallace Haumaha, Fred Cookson, Roger Pikia, and Te Po Hawaiki Wiringi Jones for the Affiliate; and
b: include—
i: the schedules and attachments to the deed; and
ii: any amendments to the deed, its schedules, and attachments deferred selection property Director-General DOC protocol section 21(1)﻿(a)
a: sets out how the Department of Conservation and the trustees will interact in relation to matters specified in the protocol; and
b: is in the form set out in Part 1 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21(1)﻿(b) DOC protocol area section 11 effective date encumbrance esplanade land section 120 fisheries protocol section 21(1)﻿(a)
a: sets out how the Ministry of Fisheries and the trustees will interact in relation to matters specified in the protocol; and
b: is in the form set out in Part 1 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21(1)﻿(b) fisheries protocol area section 11 geothermal resource
a: means the geothermal energy and geothermal water (within the meaning given to them in section 2(1)
b: does not include any geothermal energy or geothermal water above the ground on land that is not owned by the Crown geothermal statutory acknowledgement section 36 sections 36 44 Heritage New Zealand Pouhere Taonga section 9 Karamuramu Baths land section 120 land holding agency
a: licensed land, LINZ:
b: a deferred selection property, the department specified as the land holding agency in Part 1 of Schedule 5 of the deed of settlement licensed land
a: means the land described in Part 1 of Schedule 4 of the deed of settlement; but
b: excludes—
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, after the acquisition of the trees by the purchaser, by the purchaser or the licensee licensee licensor LINZ local authority section 5(1) MAF forest land Matawhaura (part of the Lake Rotoiti Scenic Reserve) section 118 member of the Affiliate section 11(1)﻿(b) national park management plan section 2 New Zealand Conservation Authority section 49 Ngati Makino settlement legislation section 118 Otari Pa section 118 Pikiao entity section 118 Pikiao vesting date section 118 protected site section 135(1) protection principles section 49 68 regional council section 2(1) Registrar-General section 4 relevant consent authority
a: the geothermal statutory acknowledgement, a consent authority of a region or district that contains, or is adjacent to, the Rotorua region geothermal system; or
b: any other statutory acknowledgement, a consent authority of a region or district that contains, or is adjacent to, a statutory area rental proceeds representative entity
a: the trustees:
b: a person (including any trustees) acting for, or on behalf of,—
i: 1 or more of the collective groups referred to in section 11(1)﻿(a)
ii: 1 or more of the individuals referred to in section 11(1)﻿(b)
iii: 1 or more of the iwi, hapu, whanau, or groups of individuals that together form a collective group referred to in section 11(1)﻿(a) reserve site section 112(1) resource consent section 2(1) responsible department
a: the Ministry for Culture and Heritage:
b: the Department of Conservation:
c: the Ministry of Fisheries:
d: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 responsible Minister
a: the Minister for Arts, Culture and Heritage:
b: the Minister of Conservation:
c: the Minister of Fisheries:
d: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 Rotorua region geothermal system Part 2 of Schedule 3 school site Part 5 of Schedule 6 settlement date section 2(2) specially classified reserve section 68 statements of association sections 27 36 statutory acknowledgement section 27 sections 28 34 35 statutory area Part 1 of Schedule 3 statutory plan
a: means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1)
b: includes a proposed policy statement provided for in Schedule 1 taonga tūturu
a: has the meaning given to it in section 2(1)
b: includes ngā taonga tūturu (which has the meaning given to it in section 2(1) of that Act) taonga tūturu protocol section 21(1)﻿(a)
a: sets out how the chief executive of the Ministry for Culture and Heritage will interact with the trustees in relation to the matters specified in that protocol; and
b: is in the form set out in Part 1 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21(1)﻿(b) Te Arawa lakes section 11 Te Ariki trust section 93(1) Te Pumautanga o Te Arawa trust Te Pumautanga o Te Arawa trust deed
a: means the deed of trust establishing the Te Pumautanga o Te Arawa trust, dated 1 December 2006; and
b: includes—
i: the schedules to the deed of trust; and
ii: any amendments to the deed of trust or its schedules trustees of the Te Pumautanga o Te Arawa trust trustees whenua rahui section 49 Section 10 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 10 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 10 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 10 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
11: Meaning of Affiliate and of Affiliate Ancestor
1: In this Act, Affiliate
a: means the Iwi and Hapu of Te Arawa affiliated to the Te Pumautanga o Te Arawa trust, comprising the following collective groups (each of whom is defined in Part 1 of Schedule 1
i: Ngati Ngararanui (including Ngati Tamahika and Ngati Tuteaiti); and
ii: Ngati Kearoa Ngati Tuara; and
iii: Ngati Tura–Ngati Te Ngakau; and
iv: Ngati Te Roro o Te Rangi; and
v: Ngati Tuteniu; and
vi: Ngati Uenukukopako; and
vii: Tuhourangi Ngati Wahiao; and
viii: Ngati Tahu–Ngati Whaoa; and
ix: Ngati Pikiao (excluding Ngati Makino); and
x: Ngati Rongomai; and
xi: Ngati Tarawhai; and
b: includes every individual in a collective group.
2: In this Act, Affiliate Ancestor Part 2 of Schedule 1
a: Ngati Ngararanui Ancestor:
b: Ngati Kearoa Ngati Tuara Ancestor:
c: Ngati Tura–Ngati Te Ngakau Ancestor:
d: Ngati Te Roro o Te Rangi Ancestor:
e: Ngati Tuteniu Ancestor:
f: Ngati Uenukukopako Ancestor:
g: Tuhourangi Ngati Wahiao Ancestor:
h: Ngati Tahu–Ngati Whaoa Ancestor:
i: Ngati Pikiao Ancestor:
j: Ngati Rongomai Ancestor:
k: Ngati Tarawhai Ancestor.
3: For the purposes of Part 2 of Schedule 1 customary rights
a: to occupy land in the area of interest; and
b: in relation to the use of—
i: land; or
ii: other natural or physical resources.
4: For the purposes of Schedule 1
a: birth; or
b: legal adoption; or
c: Maori customary adoption in accordance with Te Arawa tikanga, being a blood child of a beneficiary of the Affiliate.
12: Meaning of Affiliate historical claims
1: In this Act, Affiliate historical claims
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that the Affiliate (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
i: is founded on a right arising—
A: from the Treaty of Waitangi or its principles; or
B: under legislation; or
C: at common law (including aboriginal title and customary law); or
D: from fiduciary duty; or
E: otherwise; and
ii: arises from, or relates to, acts or omissions before 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by or under legislation; and
b: includes every claim to the Waitangi Tribunal to which paragraph (a)
i: all claims that relate exclusively to the Affiliate (or a representative entity), including those listed in Part 1 of Schedule 2
ii: in the case of claims that relate both to the Affiliate (or a representative entity) and others, the claims listed in Part 2 of Schedule 2
2: However, Affiliate historical claims Part 3 of Schedule 2
3: Subsection (1)﻿(a) subsection (1)﻿(b)
4: To avoid doubt, Affiliate historical claims
a: relate to the Affiliate (or a representative entity); and
b: have not been settled by the deeds or agreements referred to in clauses 4 and 5 of Part 3 of Schedule 2
5: To avoid doubt, Affiliate historical claims
3: Settlement of claims
Jurisdictions of courts, etc, removed
13: Settlement of Affiliate historical claims final
1: The settlement of the Affiliate historical claims effected under the deed of settlement and this Act is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
2: Subsection (1)
3: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: any or all of the Affiliate historical claims; or
b: the deed of settlement; or
c: the redress provided to the trustees under the deed of settlement or under this Act; or
d: this Act.
4: Subsection (3) Amendment to Treaty of Waitangi Act 1975
14: Amendment to Treaty of Waitangi Act 1975
Section 15
15: Schedule 3 amended
Schedule 3 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008, section 13(3) OIC SR 2009/115 2009-06-04 Treaty of Waitangi Act 1975 Protections no longer apply
16: Certain enactments do not apply
1: Nothing in the enactments listed in subsection (2)
a: to a cultural redress property; or
b: to Matawhaura (part of the Lake Rotoiti Scenic Reserve); or
c: to Otari Pa; or
d: to a commercial redress property; or
e: for the benefit of the Affiliate or a representative entity.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3
3: However, this section does not apply—
a: to a deferred selection property—
i: unless the trustees elect to purchase the deferred selection property under clause 12.18.2 of the deed of settlement:
ii: if the agreement referred to in clause 12.20 of the deed of settlement is cancelled; or
b: to Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa until the Pikiao vesting date; or
c: to Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve until the date specified in the Order in Council made under section 2(1) Section 16(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
17: Removal of memorials
1: The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: all or part of—
i: a cultural redress property; or
ii: Matawhaura (part of the Lake Rotoiti Scenic Reserve); or
iii: Otari Pa; or
iv: a commercial redress property; and
b: contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 16(2)
2: The chief executive of LINZ must issue a certificate under subsection (1)
a: the settlement date, in the case of a cultural redress property (other than Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve) or licensed land; or
b: the date specified in the Order in Council made under section 2(1)
c: the Pikiao vesting date, in the case of Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa; or
d: the actual deferred settlement date, in the case of a deferred selection property.
3: Each certificate must state that it is issued under this section.
4: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1)
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any of the enactments referred to in section 16(2)
4: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
18: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which—
i: the Te Pumautanga o Te Arawa trust may exist in law; or
ii: the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or
b: apply to a document entered into to give effect to 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 Pumautanga o Te Arawa trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a)
3: If the Pikiao entity is established as a trust, this section applies (with all necessary modifications) to that trust and to the trustees of that trust. Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 18(2) amended 30 January 2021 section 161 Trusts Act 2019 Date on which actions or matters must occur
19: Timing of actions or matters
1: Actions or matters occurring under this Act occur or take effect on and from the settlement date.
2: However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date. Access to deed of settlement
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 on any business day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Protocols
General provisions
21: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the trustees in the form set out in Part 1 of Schedule 1 of the deed of settlement; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1)
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustees.
22: Protocols subject to rights, functions, and obligations
Protocols do not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, which includes (without limitation) the ability to—
i: introduce legislation and change government policy; and
ii: interact or consult with a person the Crown considers appropriate, including, without limitation, any iwi, hapu, marae, whanau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a responsible department; or
c: the legal rights of the Affiliate or a representative entity.
23: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950, enforce the protocol.
3: Despite subsection (2)
4: To avoid doubt,—
a: subsections (1) and (2)
b: subsection (3) subsection (2)
24: Limitation of rights
1: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under the—
a: Conservation Act 1987; or
b: other statutes listed in Schedule 1 of that Act.
2: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under the Fisheries Act 1996, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, the Maori Commercial Aquaculture Claims Settlement Act 2004, the Maori Fisheries Act 2004, or the Te Arawa Lakes Settlement Act 2006.
3: 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. Noting of certain protocols
25: Noting of DOC protocol
1: A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.
2: The noting of the DOC protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
26: Noting of fisheries protocol
1: A summary of the terms of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: In this section, fisheries plan section 11A
2: Statutory acknowledgement, geothermal statutory acknowledgement, and deed of recognition
Statutory acknowledgement
27: Statutory acknowledgement by the Crown
1: The Crown acknowledges the statements of association.
2: In sections 32 34 statements of association
a: made by the Affiliate of the particular cultural, spiritual, historical, and traditional association of the Affiliate with each statutory area; and
b: in the form set out in Part 2 of Schedule 3 of the deed of settlement at the settlement date.
28: Purposes of statutory acknowledgement
1: The only purposes of the statutory acknowledgement are to—
a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 29
b: require relevant consent authorities to forward summaries of resource consent applications to the trustees, as provided for in section 33
c: enable the trustees and a member of the Affiliate to cite the statutory acknowledgement as evidence of the association of the Affiliate with the relevant statutory areas, as provided for in section 34
2: This section does not limit sections 44 Section 28(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
29: Relevant consent authorities to have regard to statutory acknowledgement
1: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93
2: Subsection (1)
30: Environment Court to have regard to statutory acknowledgement
1: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining under section 274
2: Subsection (1)
31: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 31 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
32: 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 attachment of information under subsection (1)
a: must include the relevant provisions of sections 27
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan, unless adopted by the relevant consent authority; or
ii: subject to the provisions of Schedule 1 subparagraph (i)
33: Distribution of resource consent applications to trustees
1: Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications received by that consent authority for activities within, adjacent to, or directly affecting a statutory area.
2: The information provided under subsection (1)
a: the same as would be given under section 93
b: provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93
3: The trustees may, by notice in writing to a relevant consent authority,—
a: waive their rights to be notified under this section; and
b: state the scope of that waiver and the period it applies for.
4: For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.
5: This section does not affect the obligation of a relevant consent authority to—
a: notify an application in accordance with sections 93
b: form an opinion as to whether the trustees are persons who may be adversely affected under those sections.
34: Use of statutory acknowledgement
1: The trustees and any member of the Affiliate may, as evidence of the association of the Affiliate with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: relevant consent authorities:
b: the Environment Court:
c: Heritage New Zealand Pouhere Taonga:
d: parties to proceedings before those bodies:
e: any other person who is entitled to participate in those proceedings.
3: Despite subsection (2)
4: Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a statutory area that is not described in the statutory acknowledgement.
5: The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4) Section 34(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 34(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Application of statutory acknowledgements in relation to rivers
35: Statutory acknowledgements in relation to rivers
If a statutory acknowledgement relates to a river, the river
a: means—
i: a continuously or intermittently flowing body of fresh water, including a stream or a modified watercourse; and
ii: the bed of the river; but
b: does not include—
i: a part of the bed of the river that is not owned by the Crown; or
ii: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
iii: an artificial watercourse; or
iv: a tributary flowing into the river. Geothermal statutory acknowledgement
36: Geothermal statutory acknowledgement by the Crown
1: The Crown acknowledges the statement of association.
2: In sections 40 42 statement of association
a: made by the Affiliate of the particular cultural, spiritual, historical, and traditional association of the Affiliate with, and its use of, the geothermal resource; and
b: in the form set out in Part 2 of Schedule 3 of the deed of settlement at the settlement date.
37: Purposes of geothermal statutory acknowledgement
1: The only purposes of the geothermal statutory acknowledgement are to—
a: require consent authorities and the Environment Court to have regard to the geothermal statutory acknowledgement, as provided for in sections 38 39
b: require relevant consent authorities to forward summaries of certain kinds of resource consent applications to the trustees, as provided for in section 41
c: enable the trustees and a member of the Affiliate to cite the geothermal statutory acknowledgement as evidence of the association of the Affiliate with the relevant geothermal resource, as provided for in section 42
2: This section does not limit sections 44
38: Relevant consent authorities to have regard to geothermal statutory acknowledgement
1: On and from the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement in forming an opinion in accordance with sections 93 section 14
2: Subsection (1)
39: Environment Court to have regard to geothermal statutory acknowledgement
1: On and from the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement in determining under section 274 section 14
2: Subsection (1)
40: Recording geothermal statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the geothermal statutory acknowledgement to all statutory plans that wholly or partly cover the Rotorua region geothermal system.
2: The attachment of information under subsection (1)
a: must include the relevant provisions of sections 36
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan, unless adopted by the relevant consent authority; or
ii: subject to the provisions of Schedule 1 subparagraph (i)
41: Distribution of resource consent applications to trustees
1: Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications made under section 14
2: The information provided under subsection (1)
a: the same as would be given under section 93
b: provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93
3: The trustees may, by notice in writing to a relevant consent authority,—
a: waive their rights to be notified under this section; and
b: state the scope of that waiver and the period it applies for.
4: For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.
5: This section does not affect the obligation of a relevant consent authority to—
a: notify an application in accordance with sections 93
b: form an opinion as to whether the trustees are persons who may be adversely affected under those sections.
42: Use of geothermal statutory acknowledgement
1: The trustees and a member of the Affiliate may, as evidence of the association of the Affiliate with, and use by the Affiliate of, the geothermal resource, cite the geothermal statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority or the Environment Court concerning the taking, use, damming, or diverting of any geothermal resource.
2: The content of the statement of association is not, by virtue of the geothermal statutory acknowledgement, binding as deemed fact on—
a: relevant consent authorities:
b: the Environment Court:
c: parties to proceedings before those bodies:
d: any other person who is entitled to participate in those proceedings.
3: Despite subsection (2)
4: Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a geothermal resource that is not described in the geothermal statutory acknowledgement.
5: The content and existence of the geothermal statutory acknowledgement do not limit a statement made under subsection (4) Deed of recognition
43: Authorisation to enter into and amend deed of recognition
1: The Minister of Conservation may—
a: enter into a deed of recognition with the trustees in respect of the land within the statutory areas:
b: amend a deed of recognition by entering into a deed with the trustees to amend that deed of recognition.
2: In this section, deed of recognition
a: entered into in accordance with clauses 11.3 to 11.7 of the deed of settlement; and
b: in the form set out in Part 3 of Schedule 3 of the deed of settlement. General provisions
44: Exercise of powers, duties, and functions
1: Except as expressly provided in this subpart,—
a: a statutory acknowledgement, a geothermal statutory acknowledgement, or a deed of recognition does not affect, and may not be taken into account by, any person exercising a power or performing a function or duty under legislation or a bylaw:
b: no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of the Affiliate with a statutory area (as described in section 27 section 36
2: Subsection (1)﻿(b) subsection (1)﻿(a)
45: Rights not affected
Except as expressly provided in this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
46: Limitation of rights
Except as expressly provided in this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area or a geothermal resource, as the case may be. Amendment to Resource Management Act 1991
47: Amendment to Resource Management Act 1991
Section 48
48: Schedule 11 of Resource Management Act 1991 amended
Schedule 11 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 OIC SR 2009/115 2009-06-04 Resource Management Act 1991
3: Whenua rahui
49: Interpretation
In this subpart, unless the context otherwise requires,— Affiliate values
a: made by the Affiliate of its traditional, cultural, spiritual, and historical association with each of the whenua rahui; and
b: in the form set out in Part 5 of Schedule 3 of the deed of settlement at the settlement date Conservation Board section 6L New Zealand Conservation Authority section 6A protection principles section 53(3) whenua rahui section 50
50: Declaration of whenua rahui
Each site described in Schedule 4
51: The Crown’s acknowledgement of Affiliate values
The Crown acknowledges the Affiliate values in relation to each of the whenua rahui.
52: Purposes of whenua rahui declaration and acknowledgement
1: The only purposes of the declaration and acknowledgement under sections 50 51
a: require the New Zealand Conservation Authority and relevant Conservation Boards to have regard to the Affiliate values and the protection principles, as provided for in section 54
b: require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 56
c: enable the taking of action under sections 58
2: This section does not limit sections 65
53: Agreement on protection principles
1: The trustees and the Crown may agree on, and publicise, protection principles that are directed at the Minister of Conservation—
a: avoiding harm to the Affiliate values in relation to the whenua rahui; or
b: avoiding the diminishing of Affiliate values in relation to the whenua rahui.
2: The protection principles set out in Part 5 of Schedule 3 of the deed of settlement are to be treated as having been agreed by the trustees and the Crown under subsection (1)
3: The trustees and the Crown may agree in writing any amendments to the protection principles.
54: New Zealand Conservation Authority and Conservation Boards to have particular regard to Affiliate values
When the New Zealand Conservation Authority or a Conservation Board considers a conservation document (including a draft) or a proposal or recommendation for a change of status in relation to a whenua rahui, it must have particular regard to the—
a: Affiliate values; and
b: protection principles.
55: New Zealand Conservation Authority and Conservation Boards to consult with trustees
Before approving a conservation document or making a proposal or recommendation for a change of status in relation to a whenua rahui, the New Zealand Conservation Authority or a Conservation Board must—
a: consult with the trustees; and
b: have particular regard to the views of the trustees as to the effect of the conservation document or proposal or recommendation for the change of status on the—
i: Affiliate values; and
ii: protection principles.
56: Conservation management strategy
If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to a whenua rahui, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
57: Noting of whenua rahui
1: The declaration of a whenua rahui under section 50
2: The noting of a whenua rahui under subsection (1)
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
58: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration of each site as a whenua rahui as soon as practicable after the settlement date; and
b: the protection principles as soon as practicable after the settlement date; and
c: any changes to the protection principles agreed under section 53(3)
2: The Director-General may notify in the Gazette sections 59
3: The Director-General must notify in the Gazette section 62
59: Actions by Director-General
1: The Director-General must take action in relation to the protection principles, including the actions set out in paragraph 5 in each of the whenua rahui in Part 5 of Schedule 3 of the deed of settlement.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsection (1)
3: The Director-General must notify the trustees in writing of the intended action under subsection (1)
4: If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to which the request relates.
60: Amendment to conservation documents
1: The Director-General may initiate an amendment to a conservation document to incorporate objectives relating to the protection principles (including a recommendation to make regulations or bylaws).
2: The Director-General must consult with relevant Conservation Boards before initiating an amendment under subsection (1)
3: An amendment initiated under subsection (1) section 17I(1) section 46(1)
61: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for all or any of the following purposes:
a: to provide for the implementation of objectives included in a conservation document under section 60(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to a whenua rahui:
c: to create offences in respect of the contravention of any regulations made under paragraph (b)
i: not exceeding $5,000 for those offences; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
62: Bylaws
1: The Minister of Conservation may make bylaws for all or any of the following purposes:
a: to provide for the implementation of objectives included in a conservation document under section 60(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to a whenua rahui:
c: to create offences in respect of the contravention of any bylaws made under paragraph (b)
i: not exceeding $1,000 for those offences; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker is not required to publish it. However, the Director-General must comply with section 58(3) LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 62(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
63: Existing classification of whenua rahui
The purpose of, or classification of an area as, a national park, conservation area, or reserve is not affected by the fact that the area is, or is within, a whenua rahui.
64: Termination of whenua rahui status
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a whenua rahui site is no longer whenua rahui.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1)
a: the trustees and the Minister of Conservation have agreed in writing that the status of whenua rahui is no longer appropriate for the area concerned; or
b: the area concerned is disposed of by the Crown; or
c: the responsibility for managing the area concerned is transferred to another Minister of the Crown.
3: Subsection (4)
a: either of subsection (2)﻿(b) or (c)
b: there is a change in the statutory management regime that applies to all or part of the whenua rahui.
4: The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of the whenua rahui, or that part of it affected by the disposal of the area or change in the management responsibility, through negotiation with the trustees by—
a: the Minister responsible for the new statutory management regime or regimes; or
b: the Commissioner of Crown Lands; or
c: any other responsible officer.
5: Subsection (4) section 119(3)
6: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 64(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65: Exercise of powers, duties, and functions
1: Nothing in section 50 51
2: No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give if the area were not a whenua rahui and the Affiliate values had not been acknowledged in relation to the area.
3: Subsection (2) subsection (1)
4: This section applies subject to the other provisions of this subpart.
66: Rights not affected
1: Sections 50 51
2: This section applies subject to the other provisions of this subpart.
67: Limitation of rights
1: Sections 50 51
2: This section applies subject to the other provisions of this subpart.
4: Specially classified reserves
68: Interpretation
In this subpart, unless the context otherwise requires,— Affiliate values
a: made by the Affiliate of its cultural, spiritual, historical, and traditional association with each of the specially classified reserves; and
b: in the form set out in Part 7 of Schedule 3 of the deed of settlement at the settlement date protection principles section 72(3) specially classified reserve section 69
69: Declaration of specially classified reserves
The 3 sites described as recreation reserves in Schedule 5
70: The Crown’s acknowledgement of Affiliate values
The Crown acknowledges the Affiliate values in relation to the specially classified reserves.
71: Purposes of specially classified reserves declaration and acknowledgement
1: The only purposes of the declaration and acknowledgement under sections 69 70
a: require the Rotorua District Council to have regard to the protection principles, as provided for in section 73
b: require the Rotorua District Council to consult with the trustees, as provided for in section 74
c: enable the taking of action under sections 73
2: This section does not limit sections 72
72: Agreement on protection principles
1: The Rotorua District Council, the trustees, and the Crown may from time to time agree on protection principles that are directed at the Rotorua District Council and aim to—
a: avoid harm to, or the diminution of, the Affiliate values in relation to the specially classified reserves; and
b: at the same time, have regard to the wider local community values associated with the reserve status of the specially classified reserves.
2: The protection principles set out in Part 7 of Schedule 3 of the deed of settlement are to be treated as having been agreed between the Rotorua District Council, the trustees, and the Crown under subsection (1)
3: The protection principles may only be amended by the agreement in writing of the Rotorua District Council, the trustees, and the Crown.
73: Rotorua District Council to have regard to protection principles
The Rotorua District Council must have regard to the protection principles when it considers a management plan under section 41
74: Rotorua District Council to consult with trustees
Before approving general policy, or approving or completing the review of, or changing, a management plan under section 41
75: Notifications in
Gazette The Minister of Conservation must notify in the Gazette
a: the declaration of each site as a specially classified reserve within 6 months after the date specified in the Order in Council made under section 2(2)
b: the protection principles within 6 months after the date specified in the Order in Council made under section 2(2)
c: any changes to the protection principles agreed under section 72(3)
76: Actions by Rotorua District Council
1: When the Minister of Conservation gives notice in the Gazette section 75 section 41(4)
2: The Rotorua District Council has a complete discretion to determine the method and extent of the action to be taken under subsection (1)
3: Before making a determination under subsection (2)
77: Existing classification of specially classified reserve
The purpose or classification of an area under the Reserves Act 1977 is not affected by the fact that the area is, or is within, a specially classified reserve.
78: Termination of specially classified reserve status
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a specially classified reserve is no longer a specially classified reserve.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1)
a: the trustees, the Minister of Conservation, and the Rotorua District Council have agreed in writing that the status of a specially classified reserve is no longer appropriate for the area concerned; or
b: the reservation of all or part of the specially classified reserve as a reserve is revoked.
3: The Minister of Conservation must consult with the trustees before deciding whether or not to revoke the reservation of all or part of a specially classified reserve.
4: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 78(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
79: Exercise of powers, duties, and functions
1: Nothing in section 69 70
2: No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give under the relevant legislation or bylaw if the site were not a specially classified reserve and the Affiliate values had not been acknowledged in relation to the site.
3: Subsection (2) subsection (1)
4: This section applies subject to the other provisions of this subpart.
80: Rights not affected
Sections 69 70
81: Limitation of rights
Sections 69 70
5: The Crown not prevented from providing other relationship redress
82: The Crown not prevented from providing other relationship redress
1: The Crown’s provision of cultural redress does not prevent the Crown doing anything that is consistent with that cultural redress, including—
a: providing the same or similar redress to a person other than the Affiliate or the trustees:
b: disposing of land.
2: Subsection (1)
3: In this section, cultural redress
6: Place names
83: Interpretation
In this subpart,— new place name
a: means—
i: the place name to which the existing place name is altered under section 84(1)
ii: the place name assigned to the location under section 84(2)
b: includes any alteration to a place name under section 86 New Zealand Geographic Board section 3
84: Place names
1: The existing place name specified in the first column of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is altered to the new place name specified in the second column of that Part of that schedule.
2: The new place name specified in the second column of the second item of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is assigned to the location described in the third column of that Part of that schedule.
3: Except where this subpart expressly provides otherwise, the changes made under subsections (1) and (2)
a: with the approval of the New Zealand Geographic Board; and
b: in accordance with any enactment that applies to altering or assigning place names.
85: Publication of new place names notice
1: The New Zealand Geographic Board must, as soon as practicable after the settlement date, publish a notice in the Gazette
a: specifying each new place name and its location (and the existing place name being altered); and
b: stating that the new place names take effect on the date of the Gazette
c: stating that the New Zealand Geographic Board may alter the new place names or their locations in accordance with section 86
2: The New Zealand Geographic Board must, as soon as practicable after publication of the notice under subsection (1)
3: A copy of the Gazette subsection (1) Gazette
86: Alteration of new place names
1: Despite the provisions of any enactment that applies to altering or assigning place names, the New Zealand Geographic Board may, with the consent of the trustees, alter any new place name or its location.
2: Section 85 subsection (1)
87: Date place name altered or assigned
Place names altered or assigned under section 84 86 Gazette section 85(1)
3: Cultural redress properties and other properties
1: Vesting of cultural redress properties
88: Interpretation
In this Act, cultural redress property Schedule 6
a: Pateko Island:
b: Te Koutu Pa:
c: Okataina Lodge site:
d: Okataina Outdoor Education Centre site:
e: Te Ariki site:
f: Punaromia site:
g: site on Horohoro Bluff:
h: site adjacent to Orakei Korako:
i: site adjacent to Lake Rotomahana:
j: Te Wairoa:
k: Lake Rotokawa site:
l: beds of Lakes Rotongata (Mirror Lake) and Rotoatua:
m: Moerangi site:
n: Kakapiko:
o: Rangitoto site:
p: sites on Paeroa Range:
q: Wai-o-Tapu site:
r: Roto-a-Tamaheke Reserve:
s: Whakarewarewa Thermal Springs Reserve:
t: the school sites. Sites that vest in fee simple
89: Pateko Island
1: The reservation of Pateko Island under the Reserves Act 1977 is revoked.
2: The fee simple estate in Pateko Island vests in the trustees.
90: Te Koutu Pa
1: The reservation of Te Koutu Pa under the Reserves Act 1977 is revoked.
2: The fee simple estate in Te Koutu Pa vests in the trustees.
91: Okataina Lodge site
1: The reservation of the Okataina Lodge site under the Reserves Act 1977 is revoked.
2: The fee simple estate in the Okataina Lodge site vests in the trustees.
3: Subsections (1) and (2)
4: In the lease of the Okataina Lodge site dated 23 December 1975, the terms of which are incorporated into the leasehold interest held in computer interest register SA23A/1000, references to the Board, the Commissioner, and the Minister are to be read as references to the Lessor.
92: Okataina Outdoor Education Centre site
1: The reservation of the Okataina Outdoor Education Centre site under the Reserves Act 1977 is revoked.
2: The fee simple estate in the Okataina Outdoor Education Centre site vests in the trustees.
93: Te Ariki trust
1: In this section and sections 94 111 Te Ariki trust section 94(2) trustees of the Te Ariki trust
2: The Crown must establish the Te Ariki trust before the settlement date.
3: Schedule 4 Te Ariki trust
4: To avoid doubt, the obligations of the Te Ariki trust under the Public Finance Act 1989 are the responsibility of the trustees of the Te Ariki trust.
5: The Te Ariki trust is a public entity as defined in section 4
6: The deed establishing the Te Ariki trust is valid and enforce-able in accordance with its terms as a private trust, despite any enactment or rule of law.
94: Te Ariki site
1: The reservation of the Te Ariki site under the Reserves Act 1977 is revoked.
2: An undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Pumautanga o Te Arawa trust and an undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Ariki trust as tenants in common.
3: Subsections (1) and (2)
a: entering into a management deed in the form set out in Part 3 of Schedule 2 of the deed of settlement; and
b: providing the Crown with a registrable public walkway easement under section 8
95: Punaromia site
1: The reservation of the Punaromia site under the Reserves Act 1977 is revoked.
2: The fee simple estate in the Punaromia site vests in the trustees. Sites that vest in fee simple subject to conservation covenant
96: Site on Horohoro Bluff
1: The site on Horohoro Bluff ceases to be a conservation area under the Conservation Act 1987.
2: The fee simple estate in the site on Horohoro Bluff vests in the trustees.
3: Subsections (1) and (2)
4: The covenant referred to in subsection (3) section 77
97: Site adjacent to Orakei Korako
1: The fee simple estate in the site adjacent to Orakei Korako vests in the trustees.
2: Subsection (1)
3: The covenant referred to in subsection (2) section 77
98: Site adjacent to Lake Rotomahana
1: The fee simple estate in the site adjacent to Lake Rotomahana vests in the trustees.
2: Subsection (1)
3: The covenant referred to in subsection (2) section 77
99: Te Wairoa
1: The reservation of Te Wairoa under the Reserves Act 1977 is revoked.
2: The fee simple estate in Te Wairoa vests in the trustees.
3: Subsections (1) and (2)
4: The covenant referred to in subsection (3)
a: section 77
b: section 27
100: Lake Rotokawa site
1: The fee simple estate in the Lake Rotokawa site vests in the trustees.
2: The vesting of the Lake Rotokawa site under subsection (1)
a: the waters of Lake Rotokawa; or
b: the aquatic life of Lake Rotokawa (other than plants attached to the bed of Lake Rotokawa).
3: Any moveable boundary of the Lake Rotokawa site is governed by the applicable common law rules of accretion, erosion, and avulsion.
4: Subsections (1) to (3)
5: The covenant referred to in subsection (4)
a: section 77
b: section 27
101: Beds of Lakes Rotongata (Mirror Lake) and Rotoatua
1: The reservation of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under the Reserves Act 1977 is revoked.
2: The fee simple estate in the beds of Lakes Rotongata (Mirror Lake) and Rotoatua vests in the trustees.
3: The vesting of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under subsection (2)
a: the waters of those lakes; or
b: the aquatic life of those lakes (other than plants attached to the beds of the lakes).
4: Any moveable boundary of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua is governed by the applicable common law rules of accretion, erosion, and avulsion.
5: Subsections (1) to (4)
6: The covenant referred to in subsection (5)
a: section 77
b: section 27
102: Moerangi site
1: Section 23
a: despite the site not being Crown forest land and not being returned to Maori ownership in accordance with section 36 of that Act; and
b: as if references to the licensor were references to the owner of the fee simple estate in the site.
2: The fee simple estate in the Moerangi site vests in the trustees.
3: Subsection (2)
4: The covenant referred to in subsection (3)
a: section 77
b: section 27
103: Kakapiko
1: Section 23
a: despite the site not being Crown forest land and not being returned to Maori ownership in accordance with section 36 of that Act; and
b: as if references to the licensor were references to the owner of the fee simple estate in the site.
2: The fee simple estate in Kakapiko vests in the trustees.
3: Subsection (2)
4: The covenant referred to in subsection (3) section 77 Sites that vest in fee simple to be administered as scenic reserves
104: Rangitoto site
1: The reservation of the Rangitoto site as a scenic reserve subject to section 19
2: The fee simple estate in the Rangitoto site vests in the trustees.
3: The Rangitoto site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) section 16(10)
105: Sites on Paeroa Range
1: The reservation of the sites on Paeroa Range as a scenic reserve subject to section 19
2: The fee simple estate in the sites on Paeroa Range vests in the trustees.
3: The sites on Paeroa Range are declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) section 16(10)
106: Wai-o-Tapu site
1: The reservation of the Wai-o-Tapu site as a scenic reserve subject to section 19
2: The fee simple estate in the Wai-o-Tapu site vests in the trustees.
3: The Wai-o-Tapu site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) section 16(10)
5: Subsections (1) to (4)
6: An easement granted in accordance with subsection (5)
a: enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and
b: to be treated as having been granted in accordance with that Act.
7: In the lease of the Wai-o-Tapu site dated 22 October 1969, the terms of which are incorporated into the deed of renewal of that lease dated 25 September 2000 between the Crown and Waiotapu Thermal Tourist Park Limited, references to the District Manager of the Tourist Department, the General Manager, the Minister of Tourist and Health Resorts, and the Governor-General are to be read as references to the Lessor. Sites that vest in fee simple to be administered as recreation reserves
107: Roto-a-Tamaheke Reserve
1: This section takes effect on the date specified in the Order in Council made under section 2(1)
2: The Tourist and Health Resorts Control Act 1908 ceases to apply to Roto-a-Tamaheke Reserve.
3: The reservation of Roto-a-Tamaheke Reserve as a recreation reserve subject to section 17
4: The fee simple estate in Roto-a-Tamaheke Reserve vests in the trustees.
5: Roto-a-Tamaheke Reserve is declared a reserve and classified as a recreation reserve subject to section 17
6: The reserve created by subsection (5) section 16(10)
108: Whakarewarewa Thermal Springs Reserve
1: This section takes effect on the date specified in the Order in Council made under section 2(1)
2: The Tourist and Health Resorts Control Act 1908 ceases to apply to Whakarewarewa Thermal Springs Reserve.
3: Schedule 2 Whakarewarewa Thermal Springs Reserve
4: The reservation of Whakarewarewa Thermal Springs Reserve as a recreation reserve subject to section 17
5: The fee simple estate in Whakarewarewa Thermal Springs Reserve vests in the trustees.
6: Whakarewarewa Thermal Springs Reserve is declared a reserve and classified as a recreation reserve subject to section 17
7: The reserve created by subsection (6) section 16(10)
8: Subsections (4) to (7)
9: The following documents are enforceable in accordance with their terms, despite the provisions of the Reserves Act 1977 and the Tourist and Health Resorts Control Act 1908, and are to be treated as having been granted in accordance with those Acts:
a: a registrable lease of Whakarewarewa Thermal Springs Reserve granted in accordance with subsection (8)
b: a registrable variation of lease—
i: to vary the lease held in computer interest register SA2021/47, as partially surrendered by a registrable surrender in respect of Section 7 Block I Tarawera Survey District; and
ii: entered into by the Crown and the New Zealand Maori Arts and Crafts Institute in the form set out in Part 6 of Schedule 2 of the deed of settlement:
c: a registrable lease of Section 101 Block I Tarawera Survey District granted by the Crown to the New Zealand Maori Arts and Crafts Institute in the form set out in Part 8 of Schedule 2 of the deed of settlement.
10: The lessor of the lease referred to in subsection (8)
11: The Minister of Tourism may execute any or all of the documents referred to in subsection (9)
12: A document executed under subsection (11) OIC SR 2010/364 2010-11-18 Tourist and Health Resorts Control Act 1908 See 108(3) above for Tourist and Health Resorts Control Act 1908 School sites
109: School sites vest in fee simple
1: The fee simple estate in each school site vests in the trustees.
2: Subsection (1)
2: General provisions relating to vesting of cultural redress properties
110: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to any encumbrances listed for the property in Schedule 6
111: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property vested under this Part.
2: The Registrar-General must, on written application by an authorised person, comply with subsections (3) to (5)
3: To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-General must—
a: register the trustees of the Te Pumautanga o Te Arawa trust as the proprietors of the fee simple estate in the land; and
b: make any entries in the register, and do all other things, that are necessary to give effect to this Part and to Part 10 of the deed of settlement.
4: To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—
a: create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees of the Te Pumautanga o Te Arawa trust; and
b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.
5: However, in the case of the Te Ariki site, the Registrar-General must, in accordance with applications received from an authorised person,—
a: create a computer freehold register for an undivided half share of the fee simple estate in the property in the names of the trustees of the Te Pumautanga o Te Arawa trust; and
b: create a computer freehold register for an undivided half share of the fee simple estate in the property in the names of the trustees of the Te Ariki trust; and
c: enter on each register any encumbrances that are registered, notified, or notifiable and that are described in the application relating to the register.
6: Subsections (4) and (5)
7: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the trustees of the Te Pumautanga o Te Arawa trust and the Crown.
8: However, in the case of Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve, subsection (7) section 2(1)
9: In subsections (2), (4), and (5) authorised person
a: the chief executive of LINZ, in the case of—
i: the site adjacent to Orakei Korako:
ii: the site adjacent to Lake Rotomahana:
iii: the Lake Rotokawa site:
iv: the Moerangi site:
v: Kakapiko:
b: the chief executive of the Ministry of Economic Development, in the case of—
i: Roto-a-Tamaheke Reserve:
ii: Whakarewarewa Thermal Springs Reserve:
c: the chief executive of the Ministry of Education, in the case of a school site:
d: the Director-General, in all other cases.
112: Application of Part 4A of Conservation Act 1987
1: In this section and sections 113 114 117 119 reserve site
a: Rangitoto site:
b: sites on Paeroa Range:
c: Wai-o-Tapu site:
d: Roto-a-Tamaheke Reserve:
e: Whakarewarewa Thermal Springs Reserve.
2: The vesting of the fee simple estate in a cultural redress property under this Part is a disposition for the purposes of Part 4A
3: Despite subsection (2)
a: the rest of section 24
i: Pateko Island under section 89(2)
ii: Te Koutu Pa under section 90(2)
iii: the Te Ariki site under section 94(2)
iv: Sections 1 and 2 SO 384463, which vest as part of the Lake Rotokawa site under section 100(1)
v: a reserve site under section 104(2) 105(2) 106(2) 107(4) 108(5)
vi: a school site under section 109(1)
b: the marginal strip reserved by section 24 section 95(2)
c: Part 4A section 101(2)
4: If the reservation, under this Part, of a reserve site is revoked in relation to all or part of the site, then the site’s vesting referred to in subsection (3)﻿(a)﻿(v) section 24
5: If a lease referred to in section 109(2) subsection (3)﻿(a)﻿(vi) section 24
113: Recording application of Part 4A of Conservation Act 1987 and sections of this Act
1: The Registrar-General must record on the computer freehold register for—
a: each of the following properties that the land is subject to Part 4A
i: Pateko Island; and
ii: Te Koutu Pa; and
iii: the Te Ariki site; and
b: the Lake Rotokawa site that the land is subject to Part 4A
c: a reserve site that the land is subject to Part 4A sections 112(4) 117
d: a school site that the land is subject to Part 4A section 112(5)
e: the Punaromia site that the land is subject to Part 4A
f: the beds of Lakes Rotongata (Mirror Lake) and Rotoatua that Part 4A
g: any other cultural redress property that the land is subject to Part 4A
2: A notification made under subsection (1) Part 4A
3: If the reservation, under this Part, of a reserve site is revoked in relation to—
a: all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to sections 112(4) 117
b: part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a)
4: If a lease referred to in section 109(2)
a: if none of the site remains subject to such a lease, remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to section 112(5)
b: if only part of the site remains subject to such a lease (the leased part
i: section 24
ii: that part is subject to section 112(5)
5: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a) or (4)
114: Application of Reserves Act 1977 to reserve sites
1: The trustees of the Te Pumautanga o Te Arawa trust are the administering body of a reserve site for the purposes of the Reserves Act 1977.
2: Sections 48A 114 115
3: Sections 78(1)﻿(a) 79 81 88
4: If the reservation, under this Part, of a reserve site is revoked under section 24 section 25
115: Application of other enactments
1: Sections 24 25
2: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this Part; or
b: any matter incidental to, or required for the purpose of, the vesting.
3: The vesting of the fee simple estate in a cultural redress property under this Part does not—
a: limit section 10 11
b: affect other rights to subsurface minerals; or
c: limit the rights and obligations of the Crown or a local authority in respect of geothermal energy (within the meaning of section 2(1)
4: The permission of a council under section 348
116: Application of certain payments
1: The Minister of Conservation may direct that any intra-Crown payment for a site listed in subsection (2) section 82(1)﻿(a)
2: The sites are—
a: Pateko Island:
b: Te Koutu Pa:
c: Okataina Lodge site:
d: Okataina Outdoor Education Centre site:
e: Te Ariki site:
f: Punaromia site:
g: Te Wairoa:
h: beds of Lakes Rotongata (Mirror Lake) and Rotoatua:
i: Rangitoto site:
j: sites on Paeroa Range:
k: Wai-o-Tapu site:
l: Roto-a-Tamaheke Reserve:
m: Whakarewarewa Thermal Springs Reserve:
n: Matawhaura (part of the Lake Rotoiti Scenic Reserve).
117: Subsequent transfer of reserve land
1: This section applies to all, or the part, of a reserve site that, at any time after vesting under this Part in the trustees of the Te Pumautanga o Te Arawa trust, remains a reserve under the Reserves Act 1977 (the reserve land
2: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.
3: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
a: comply with the requirements of the Reserves Act 1977; and
b: perform the duties of an administering body under that Act.
4: The Registrar-General must, upon receiving the documents specified in subsection (5)
5: The 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 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 registration of the transfer instrument.
6: The new owners, from the time of registration under subsection (4)
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977; and
b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
7: Despite subsections (1) and (2)
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)
3: Delayed vesting of other properties
Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa
118: Interpretation
In this Act,— Matawhaura (part of the Lake Rotoiti Scenic Reserve) Schedule 4 Ngati Makino settlement legislation Otari Pa Schedule 7 Pikiao entity
a: means a body corporate or trust established in accordance with clause 10.34.1 or 10.36 of the deed of settlement; and
b: if the trust referred to in paragraph (a) is established, includes the trustees from time to time of that trust Pikiao vesting date
a: the date specified in a provision of Ngati Makino settlement legislation as the date on which Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in the Pikiao entity; or
b: if there is no such provision in force on the date that is 2 years after the date specified in the Order in Council made under section 2(2)
i: the day on which the Minister in Charge of Treaty of Waitangi Negotiations receives notice from the trustees of the Te Pumautanga o Te Arawa trust and the trustees of the Ngati Makino Heritage Trust that they have reached agreement in relation to the manawhenua interests (where manawhenua interests has the meaning agreed by those trustees) of Ngati Pikiao affiliate hapu and Ngati Makino in respect of both sites; or
ii: the day after the date the Pikiao entity is established in accordance with clause 10.36 of the deed of settlement.
119: Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in Pikiao entity
1: This section takes effect on the Pikiao vesting date.
2: The reservation of Matawhaura (part of the Lake Rotoiti Scenic Reserve) as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.
3: The fee simple estate in Matawhaura (part of the Lake Rotoiti Scenic Reserve) vests in the Pikiao entity.
4: Matawhaura (part of the Lake Rotoiti Scenic Reserve) is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The fee simple estate in Otari Pa vests in the Pikiao entity.
6: The statutory acknowledgement under section 27
7: The vesting of Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa is subject to any encumbrances that affect each property on the Pikiao vesting date.
8: Sections 111 117
a: each site were a cultural redress property; and
b: references to the trustees of the Te Pumautanga o Te Arawa trust were references to the Pikiao entity; and
c: references in section 111(7)
d: section 111(9) authorised person
i: the Director-General, in the case of Matawhaura (part of the Lake Rotoiti Scenic Reserve); or
ii: the chief executive of LINZ, in the case of Otari Pa; and
e: Matawhaura (part of the Lake Rotoiti Scenic Reserve) were a reserve site, and the vesting of that reserve site were referred to in section 112(3)﻿(a)﻿(v)
9: The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in the Pikiao entity, notify the vesting and the date of vesting in the Gazette Karamuramu Baths land
120: Interpretation
In sections 121 airport land Schedule 7 airport lease esplanade land Schedule 5 Karamuramu Baths land Schedule 5
121: Karamuramu Baths land and esplanade land set aside as esplanade reserve
1: This section takes effect on the earlier of—
a: the day after the airport lease is surrendered or terminated in respect of the Karamuramu Baths land and the esplanade land; or
b: the day after the airport lease expires.
2: The Karamuramu Baths land and the esplanade land are set aside as an esplanade reserve under the Resource Management Act 1991, in that—
a: the land is set aside as a local purpose reserve for esplanade purposes under the Reserves Act 1977; and
b: the Rotorua District Council is the administering body of the reserve for the purposes of the Reserves Act 1977.
3: The special classification and acknowledgement applied by sections 69 70 Schedule 5
4: The Minister of Conservation must, as soon as practicable after this section takes effect, notify in the Gazette
a: the setting aside of the Karamuramu Baths land as an esplanade reserve; and
b: the setting aside of the esplanade land as an esplanade reserve; and
c: the special classification of the Karamuramu Baths land; and
d: the special classification of the esplanade land.
5: Subsection (4)﻿(a) and (c) subsection (2) subsection (1)﻿(b)
122: Karamuramu Baths land vests in trustees in fee simple
1: If the Karamuramu Baths land is set aside under section 121(2) section 121(1)﻿(a)
a: that the Karamuramu Baths land is to vest in fee simple in the trustees; and
b: specifying the date of the vesting in the trustees, which must be 5 business days after the date that the notice is given.
2: Subsections (3) to (9)
a: the date specified in a notice given in accordance with subsection (1)
b: the day after the airport lease expires, or would have expired if it had not been surrendered or terminated earlier.
3: The reservation of the Karamuramu Baths land as an esplanade reserve is revoked.
4: The special classification and acknowledgement applied by section 121(3)
5: The fee simple estate in the Karamuramu Baths land vests in the trustees.
6: The Karamuramu Baths land vests under subsection (5)
7: Sections 111 115
a: the land were a cultural redress property; and
b: references in section 111(7) subsections (3) to (9) subsection (2)
c: section 111(9) authorised person
8: The Minister of Conservation must, as soon as practicable after subsections (3) to (9) Gazette
a: the revocation of the esplanade reserve status of the Karamuramu Baths land; and
b: the cessation of the special classification of the Karamuramu Baths land; and
c: the vesting of the Karamuramu Baths land in the trustees.
9: Subsection (8)﻿(a) and (b) section 121(2) section 121(1)﻿(b)
10: To avoid doubt, Part 4A subsection (5)
123: Easement may be granted in favour of Karamuramu Baths land
1: The Rotorua District Council may, at any time after the Karamuramu Baths land vests in the trustees under section 122(5)
a: the reserve described in Schedule 5
b: the esplanade land:
c: the airport land (other than the Karamuramu Baths land and the esplanade land).
2: The terms of an easement granted under subsection (1)
3: An easement granted in accordance with subsections (1) and (2)
a: enforceable in accordance with its terms, despite any other enactment or rule of law; and
b: to be treated as having been granted in accordance with any enactment that applies to granting the easement.
4: The permission of a council under section 348
4: Commercial redress
1: Transfer of commercial redress properties
124: The Crown authorised to do certain acts
1: To give effect to Part 12 of the deed of settlement, the Crown (acting by and through the Commissioner of Crown Lands in respect of land held under the Land Act 1948 and the chief executive of LINZ in all other cases) is authorised to do 1 or both of the following:
a: transfer the fee simple estate in a commercial redress property to the trustees:
b: sign a transfer instrument or other document, or do any other thing to effect a transfer.
2: Subsection (1)
125: Minister of Conservation may grant easements
1: The Minister of Conservation may grant a right of way easement over a conservation area, as required by Part 12 of the deed of settlement.
2: An easement granted in accordance with subsection (1)
a: enforceable in accordance with its terms, despite Part 3B
b: to be treated as having been granted in accordance with Part 3B of that Act; and
c: registrable under section 17ZA(2) of that Act, as if it were a deed to which that provision applied.
126: Registrar-General to create computer freehold register
1: This section applies to a commercial redress property to the extent that it is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property.
2: The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create a computer freehold register in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
3: The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the trustees under Part 12 of the deed of settlement.
4: Despite the provisions of the Land Transfer Act 1952,—
a: the authorised person may request the Registrar-General to register a covenant (as referred to in subsection (3)
b: the Registrar-General must register the covenant in accordance with paragraph (a)
5: In this section, authorised person
127: Application of other enactments
1: Section 11 Part 10
a: the transfer of a commercial redress property to the trustees; or
b: any matter incidental to, or required for the purpose of, that transfer.
2: The transfer of a commercial redress property to the trustees does not—
a: limit section 10 11
b: affect other rights to subsurface minerals; or
c: limit the rights and obligations of the Crown or a local authority in respect of geothermal resources under the Resource Management Act 1991 or any other enactment or rule of law.
3: The transfer of a commercial redress property to the trustees is a disposition for the purposes of Part 4A
4: In exercising the powers conferred by sections 124 133
5: Subsection (4) subsections (2) and (3)
6: The permission of a council under section 348
2: Licensed land and MAF forest land
Licensed land
128: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, although the licensed land does not cease to be Crown forest land until the fee simple estate in the land is registered in the trustees, neither the Crown nor any court or tribunal may do any thing or omit to do any thing if that act or omission would, between the settlement date and the date of registration, be—
a: permitted by the Crown Forest Assets Act 1989; but
b: inconsistent with Part 12 of the deed of settlement.
129: Trustees confirmed beneficiaries and licensors in relation to licensed land
1: The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
2: The effect of subsection (1)
a: the trustees are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries.
3: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
4: Notice given by the Crown under subsection (3)
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation had become final on the settlement date.
5: The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Maori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)﻿(b)
130: Effect of transfer of licensed land
1: Section 129
a: the transfer of the fee simple estate in the licensed land has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence have been completed.
2: To the extent that the Crown has not completed the processes referred to in subsection (1)﻿(b)
a: after the settlement date; and
b: until the processes are completed.
3: For the period from the settlement date until the completion of the processes referred to in subsections (1) and (2)
4: With effect from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as if they were references to the trustees.
131: Public access to continue
1: Clause 6.2 of the Crown forestry licence (which relates to public entry for recreational purposes) continues to apply even though the Crown is no longer the licensor under the licence because the licensed land has been transferred to the trustees under section 124
2: A notification to the same effect as described in subsection (1)
a: be recorded against each computer freehold register for the licensed land; and
b: on application by the registered proprietor, be removed from each computer freehold register for the licensed land on the expiry of the Crown forestry licence.
132: Public right of way easements may be granted
1: A public right of way easement may be granted under section 8
2: Sections 26 27
3: The permission of a council under section 348
4: In this section, public right of way easement MAF forest land
133: Effect of trustees electing to purchase MAF forest land
1: This section applies if the trustees elect to purchase the MAF forest land.
2: On the actual deferred settlement date, the MAF forest land ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.
3: Despite the provisions of the Crown Forest Assets Act 1989, and to give effect to Part 12 of the deed of settlement in relation to the MAF forest land, the Crown (acting through the responsible Ministers) is authorised to do 1 or both of the following:
a: transfer the fee simple estate in the MAF forest land to the trustees:
b: sign a transfer instrument or other document, or do any other thing to effect a transfer.
4: However, this section does not apply if, in relation to the MAF forest land, the agreement referred to in clause 12.20 of the deed of settlement is cancelled.
5: In subsection (3) responsible Ministers section 2(1)
6: In subsection (4) cancelled
134: Forestry rights after purchase of MAF forest land
1: This section applies if the trustees purchase the MAF forest land.
2: The lessee of the MAF forest land is to be treated as if it had been appointed, under section 24H(1)
3: The lessee may—
a: exercise all the powers of a manager under section 24H
b: in addition to the powers referred to in paragraph (a)
i: establish, develop, grow, manage, and maintain a forest on a MAF marginal strip as if the MAF marginal strip were subject to the lease of the MAF forest land:
ii: exercise, in respect of the MAF marginal strip, all rights it has under the lease of the MAF forest land.
4: In this section, MAF marginal strip
3: Right of access to protected sites
135: Interpretation
1: In this subpart, protected site
a: is entered at any time on the New Zealand Heritage List/Rārangi Kōrero; and
b: is wahi tapu or a wahi tapu area.
2: In subsection (1) New Zealand Heritage List/Rārangi Kōrero wahi tapu wahi tapu area section 6 Section 135(1)﻿(a) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 135(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
136: Right of access to protected site
1: The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, the land must allow the persons referred to in subsection (2)
2: The persons are Maori for whom the protected site is of special spiritual, cultural, or historical significance.
3: The right of access may be exercised by vehicles or by foot over any reasonably convenient routes specified by the owner and is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice, in writing, of his or her intention to exercise 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 must observe any reasonable conditions imposed by the owner that—
i: relate to the time, location, or manner of access; and
ii: are reasonably required for the safety of people, for the protection of land, improvements, flora and fauna, plant, equipment, or livestock, or for operational reasons.
137: Right of access subject to Crown forestry licence and registered lease of MAF forest land
1: The right of access conferred by section 136
a: any Crown forestry licence; and
b: any existing registered lease of the MAF forest land.
2: However, subsection (1)
3: Subsection (4)
a: a Crown forestry licence; or
b: a registered lease of the MAF forest land.
4: An amendment referred to in subsection (3)
a: delay the date from which a person who has a right of access under section 136
b: otherwise adversely affect the right conferred by section 136
138: Notation on computer freehold register
1: This section applies to any licensed land or MAF forest land on which a protected site is situated.
2: The Registrar-General must, in accordance with a written application by an authorised person, make a notation on the computer freehold register for the land, that the land is subject to this subpart.
3: An application must be made as soon as is reasonably practicable after—
a: the settlement date, in the case of licensed land; or
b: the actual deferred settlement date, in the case of the MAF forest land.
4: However, if a computer freehold register has not been created by the settlement date or the actual deferred settlement date, as the case may be, an application must be made as soon as is reasonably practicable after the register has been created.
5: In this section, authorised person
a: a person authorised by the Director-General of the Ministry of Agriculture and Forestry, for the MAF forest land; and
b: a person authorised by the chief executive of LINZ, for the licensed land.
139: Limitations on application of subpart
1: This subpart does not apply to the MAF forest land if—
a: the trustees fail to elect to purchase the MAF forest land under clause 12.18.2 of the deed of settlement; or
b: the agreement referred to in clause 12.20 of the deed of settlement is cancelled.
2: In subsection (1)﻿(b) cancelled