Te Rohe o Rongokako Joint Redress Act 2022

1: Title
This Act is the Te Rohe o Rongokako Joint Redress Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
Preliminary matters
3: Purpose
The purpose of this Act is to give effect to certain joint redress provided for in the deeds of settlement that settle the historical claims of—
a: Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua; and
b: Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date; or
b: a power to be exercised under the provision on that date; or
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deeds of settlement.
2: This Part—
a: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: defines terms used in this Act, including key terms such as joint redress iwi (meaning Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua and Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua), Wairarapa Moana, Ruamahanga River catchment, Wairarapa Moana reserve, and Wairarapa Moana Statutory Board.
3: Part 2
a: cultural redress that does not involve the vesting of land, namely,—
i: an overlay classification applying to an area of land; and
ii: provision for the making of regulations for the management of customary fishing in Wairarapa Moana and the Ruamahanga River catchment; and
b: cultural redress requiring vesting of the fee simple estate in certain cultural redress properties, either jointly in the trustees of the trusts for the joint redress iwi or in a tipuna to be jointly managed by a joint management board.
4: Part 3
a: establishes the Wairarapa Moana Statutory Board and includes provisions about its functions, membership, procedures, and committees; and
b: provides for how certain disputes are resolved; and
c: provides for the preparation and approval of the Wairarapa Moana document, which is about the relationship of the joint redress iwi with their ancestral lands, water, wāhi tapu, and other taonga in Wairarapa Moana and the Ruamahanga River catchment; and
d: provides for the legal effects of the Wairarapa Moana document; and
e: provides that the Wairarapa Moana Statutory Board is the administering body of the Wairarapa Moana reserves and the manager of the Wairarapa Moana marginal strips; and
f: provides for existing interests, existing improvements, liability, and fishing relating to the reserves, and for operational management of the reserves and marginal strips.
5: There are 3 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3 Interpretation provisions
7: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deeds of settlement.
8: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) annual operational management programme section 118 appointer
a: for a member of the Wairarapa Moana Statutory Board, the body or persons that appoint the member under section 47
b: for a member of the committee for natural resources, the body or persons that appoint the member under section 62
c: for a member of another committee of the Statutory Board, the Statutory Board (which appoints the member under section 55 aquatic life section 2(1) Commissioner of Crown Lands section 24AA committee section 61 conservation area section 2(1) conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) cultural redress property section 25 deed of settlement of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua
a: means the deed of settlement dated 29 October 2021 and signed by or for the Crown, Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua (as defined by that deed), and the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust (as defined by that deed); and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deed of settlement of Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua section 12 deeds of settlement
a: the deed of settlement of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua; and
b: the deed of settlement of Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua Director-General existing Development Scheme section 112(8) existing improvement
a: means a structure or other improvement in or on a Wairarapa Moana reserve, to the extent that the structure or improvement exists immediately before the following relevant date:
i: the settlement date; or
ii: the date on which the reserve becomes a Wairarapa Moana reserve because of section 121
b: includes a structure or an improvement whether or not it was or is unlawful or unauthorised; and
c: includes the parts of the existing Development Scheme in or on a Wairarapa Moana reserve interest joint redress iwi
a: Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua; and
b: Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua joint redress trustees
a: the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: the trustees of the Rangitāne Tū Mai Rā Trust LINZ local authority section 5(1) national park management plan section 2 natural resources section 2(1) natural resources document section 77 Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust overarching vision and desired outcomes document section 77 overlay classification section 9 public notice section 2(1) Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua section 13 Rangitāne Tū Mai Rā Trust section 12 record of title section 5(1) Registrar-General section 5(1) reserve section 2(1) reserve property section 25 reserves management plan section 77 Ruamahanga River catchment settlement Act of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua settlement date
a: the date on which this Act comes into force; and
b: the date on which the settlement Act of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua comes into force tikanga trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust trustees of the Rangitāne Tū Mai Rā Trust section 12 Wairarapa Moana
a: the Wairarapa Moana reserves; and
b: the Wairarapa Moana marginal strips Wairarapa Moana marginal strip Part 2 Schedule 1 Wairarapa Moana reserve
a: means a reserve—
i: that is described in Part 1 Schedule 1
ii: that is a Wairarapa Moana reserve because of section 121
b: includes land that has become, and excludes land that has ceased to be, part of the reserve under the Reserves Act 1977 Wairarapa Moana Statutory Board Statutory Board section 44 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Hawke's Bay and Wellington.
2: Joint cultural redress
1: Overlay classification
9: Interpretation
In this subpart,— Conservation Board section 6L New Zealand Conservation Authority section 6A overlay area
a: means the area that is declared under section 10(1)
b: does not include an area that is declared under section 21(1) overlay classification protection principles
a: means the principles agreed by the joint redress trustees and the Minister of Conservation, as set out in—
i: part 1 of the documents schedule of the deed of settlement of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua; and
ii: part 1.1 of the documents schedule of the deed of settlement of Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua; and
b: includes any principles as they are amended by the written agreement of the joint redress trustees and the Minister of Conservation specified actions
a: part 1 of the documents schedule of the deed of settlement of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua; and
b: part 1.1 of the documents schedule of the deed of settlement of Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua statements of values
a: the statement—
i: made by Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua of their values relating to their cultural, historical, spiritual, and traditional association with the overlay area; and
ii: set out in part 1 of the documents schedule of their deed of settlement; and
b: the statement—
i: made by Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua of their values relating to their cultural, historical, spiritual, and traditional association with the overlay area; and
ii: set out in part 1.1 of the documents schedule of their deed of settlement.
10: Declaration of overlay classification and the Crown's acknowledgement
1: The area described in Schedule 2
2: The Crown acknowledges the statements of values for the overlay area.
11: Purposes of overlay classification
The only purposes of the overlay classification are—
a: to require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 13
b: to enable the taking of action under sections 14 19
12: Effect of protection principles
The protection principles are intended to prevent the values stated in the statements of values from being harmed or diminished.
13: Obligations on New Zealand Conservation Authority and Conservation Boards
1: When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to the overlay area, the Authority or Board must have particular regard to—
a: the statements of values; and
b: the protection principles.
2: Before approving a strategy or plan that relates to the overlay area, the New Zealand Conservation Authority or a Conservation Board must—
a: consult the joint redress trustees; and
b: have particular regard to the views of the joint redress trustees as to the effect of the strategy or plan on—
i: any matters in the implementation of the statements of values; and
ii: any matters in the implementation of the protection principles.
3: If the joint redress trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to the overlay area, the Authority must, before approving the strategy, give the joint redress trustees an opportunity to make submissions in relation to those concerns.
14: Noting of overlay classification in strategies and plans
1: The application of the overlay classification to the overlay area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.
2: The noting of the overlay classification is—
a: for the purpose of public notice only; and
b: not an amendment to the strategy or plan for the purposes of section 17I section 46
15: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration made by section 10
b: the protection principles.
2: An amendment to the protection principles, as agreed by the joint redress trustees and the Minister of Conservation, must be notified by the Minister in the Gazette
3: The Director-General may notify in the Gazette section 16 17
16: Actions by Director-General
1: The Director-General must take action in relation to the protection principles, including the specified actions.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the joint redress trustees in writing of any action that the Director-General intends to take.
17: Amendment to strategies or plans
1: The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles.
2: The Director-General must consult relevant Conservation Boards before initiating the amendment.
3: The amendment is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
18: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 17(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to the overlay area:
c: to create offences for breaches of regulations made under paragraph (b):
d: to prescribe the following fines for an offence referred to in paragraph (c):
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Regulations made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
19: Bylaws
1: The Minister of Conservation may make bylaws for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 17(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to the overlay area:
c: to create offences for breaches of bylaws made under paragraph (b):
d: to prescribe the following fines for an offence referred to in paragraph (c):
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Bylaws made 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 must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
20: Effect of overlay classification on overlay area
1: This section applies if, at any time, the overlay classification applies to any land in—
a: a national park under the National Parks Act 1980
b: a conservation area under the Conservation Act 1987
c: a reserve under the Reserves Act 1977
2: The overlay classification does not affect—
a: the status of the land as a national park, conservation area, or reserve; or
b: the classification or purpose of a reserve.
21: Termination of overlay classification
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the overlay area is no longer subject to the overlay classification.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the joint redress trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or
b: the relevant area is to be, or has been, disposed of by the Crown; or
c: the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
3: The Crown must take reasonable steps to ensure that the joint redress trustees continue to have input into the management of a relevant area if—
a: subsection (2)﻿(c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the overlay area.
4: The Minister of Conservation must ensure that an order made under this section is published in the Gazette
22: Exercise of powers and performance of functions and duties
1: The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statements of values than that person would give if the overlay area were not subject to the overlay classification.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to the other provisions of this subpart.
23: Rights not affected
1: The overlay classification does not—
a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the overlay area.
2: This section is subject to the other provisions of this subpart.
2: Customary fishing
24: Regulations for management of customary fishing
1: The Minister may recommend the making of regulations under section 186
a: the management of customary food gathering in Wairarapa Moana and the Ruamahanga River catchment by Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua and Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua; and
b: the issuing of customary authorisations as part of that management; and
c: the management of customary fishing grounds in Wairarapa Moana and the Ruamahanga River catchment that are of special significance to Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua or Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua.
2: The Minister must recommend the making of regulations in accordance with subsection (1) to give effect to any written notice received from both groups of joint redress trustees and the chief executive—
a: stating that they agree that the regulations are required; and
b: specifying the content required in the regulations.
3: In this section, Minister chief executive section 2(1)
3: Vesting of cultural redress properties
25: Interpretation
In this subpart,— Crown stratum
a: the waters of any body of water that is above the Wairarapa Moana property:
b: the air above the Wairarapa Moana property cultural redress property Schedule 3
a: Mataikona property:
b: Wairarapa Moana property:
c: Mākirikiri property reserve property Property jointly vested in fee simple
26: Mataikona property
1: The reservation of the Mataikona property (being Mataikona Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Mataikona property vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: a share vests in the trustees of the Rangitāne Tū Mai Rā Trust. Property jointly vested in fee simple to be administered as Wairarapa Moana reserve
27: Wairarapa Moana property
1: The parts of the Wairarapa Moana property and the Crown stratum above the property that are a conservation area under the Conservation Act 1987
2: The reservation of the parts of the Wairarapa Moana property and the Crown stratum above the property that are a reserve subject to the Reserves Act 1977
3: Sections 1, 2, 5, 7, 13, 16, 18, 20, 23, 32, 33, 34, 37, 39, 44, 46, and 47 on SO 517745, which are road, are stopped.
4: Section 345(3)
5: The stopped road vests in the Crown as Crown land subject to the Land Act 1948
6: The fee simple estate in the Wairarapa Moana property vests as undivided shares in the specified groups of trustees as tenants in common as follows:
a: a 90% share vests in the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: a 10% share vests in the trustees of the Rangitāne Tū Mai Rā Trust.
7: The Wairarapa Moana property and the Crown stratum above the property are declared a reserve and classified as a local purpose reserve, for the primary purpose of ecosystem and wildlife management and the secondary purpose of recreation, subject to section 23
8: The reserve is named Wairarapa Moana Local Purpose Reserve.
9: The Wairarapa Moana Statutory Board is the administering body of the reserve ( see section 103
10: To the extent that the Wairarapa Moana property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
11: The existing improvements in or on the Wairarapa Moana property do not vest in the specified groups of trustees, despite the vesting under subsection (6).
12: To avoid doubt, the Crown stratum above the Wairarapa Moana property remains owned by the Crown. Property vested in fee simple in tipuna to be jointly administered as reserve
28: Mākirikiri property
1: The reservation of the part of the Mākirikiri property that is a recreation reserve subject to the Reserves Act 1977
2: The reservation of the part of the Mākirikiri property that is a scenic reserve subject to the Reserves Act 1977
3: The fee simple estate in the Mākirikiri property vests in the tipuna Te Rangiwhakaewa.
4: The Mākirikiri property is declared a reserve and classified as a recreation reserve subject to section 17
5: The reserve is named Mākirikiri Reserve.
6: The joint management board established by section 37 Reserves Act 1977 section 26
7: Subsections (8) and (9) apply despite—
a: the vesting of the Mākirikiri property in Te Rangiwhakaewa; or
b: the registration of Te Rangiwhakaewa as the registered owner of the Mākirikiri property.
8: The joint management board—
a: has all the rights and obligations of the registered owner of the Mākirikiri property; and
b: must exercise the rights, and perform the obligations, in the name of the joint management board.
9: The Registrar-General and any other relevant person must have regard to subsection (8).
10: Section 15
11: The fee simple estate in the Mākirikiri property cannot be transferred.
12: The reservation of the Mākirikiri property as a reserve subject to the Reserves Act 1977 General provisions applying to vesting of cultural redress properties
29: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests that affect the property immediately before the settlement date.
30: Vesting of share of fee simple estate in property
In sections 31 to 34
31: Registration of ownership
1: For the Mataikona property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for an undivided half share of the fee simple estate in the property in the names of the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: create a record of title for an undivided half share of the fee simple estate in the property in the names of the trustees of the Rangitāne Tū Mai Rā Trust; and
c: record on each record of title any interests that are registered, noted, or to be noted for that record of title and that are described in the application.
2: For the Wairarapa Moana property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for an undivided 90% share of the fee simple estate in the property in the names of the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: create a record of title for an undivided 10% share of the fee simple estate in the property in the names of the trustees of the Rangitāne Tū Mai Rā Trust; and
c: record on each record of title any interests that are registered, noted, or to be noted for that record of title and that are described in the application.
3: For the Mākirikiri property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the name of Te Rangiwhakaewa; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
4: Subsections (1) to (3) are subject to the completion of any survey necessary to create a record of title.
5: A record of title must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the Crown and the joint redress trustees.
6: In this section, authorised person
32: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: Part 4A
4: Subsection (2) does not limit subsection (1).
33: Matters to be recorded on records of title
1: The Registrar-General must record on the records of title—
a: for the Mataikona property that the land is subject to Part 4A
b: for the Wairarapa Moana property—
i: that Part 4A
ii: that the land is subject to sections 40 108(2)
c: for the Mākirikiri property—
i: that the land is subject to Part 4A
ii: that the land is subject to section 28(8) and (11)
2: A notation made under subsection (1) that land is subject to Part 4A section 24D(1)
3: For the Wairarapa Moana property, if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from any record of title created under section 31 sections 40 108(2)
b: part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on any record of title, created under section 31
4: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a).
34: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
35: Names of Crown protected areas discontinued
1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property or in the Crown stratum above the Wairarapa Moana property that, immediately before the settlement date, was all or part of a Crown protected area.
2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties
36: Application of other enactments to reserve properties
1: The administering body of each reserve property is as follows:
a: the Wairarapa Moana Statutory Board for the Wairarapa Moana property, as provided by section 27
b: the joint management board established by section 37 section 28
2: Sections 78(1)﻿(a) 79 to 81 88 see section 107(1)
3: If the reservation of the Wairarapa Moana property under this subpart is revoked under section 24 section 25(2)
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property must not have a name assigned to it or have its name changed under section 16(10)
37: Joint management board for Mākirikiri property
1: A joint management board is established for the Mākirikiri property.
2: The following are appointers for the purposes of this section:
a: the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: the trustees of the Rangitāne Tū Mai Rā Trust.
3: Each appointer may appoint 2 members to the joint management board.
4: A member is appointed only if the appointer gives written notice with the following details to the other appointer:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date of the notice.
5: An appointment ends after 3 years or earlier when the member resigns or is discharged.
6: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
7: Sections 32(2) to (4), (7), (10), and (11) 33 34
8: The first meeting of the board must be held no later than 2 months after the settlement date.
38: Chairperson and deputy chairperson of joint management board
1: The chairperson and the deputy chairperson of the joint management board must be appointed from among its members.
2: The chairperson must be appointed alternately by each group of joint redress trustees, starting with the trustees of the Rangitāne Tū Mai Rā Trust.
3: The deputy chairperson must be appointed alternately by each group of joint redress trustees, starting with the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust.
4: The chairperson and deputy chairperson are appointed for a term of 3 years.
39: Quorum of joint management board
1: A meeting of the joint management board is properly constituted if a quorum is present, whether or not all of the members are voting.
2: At least a quorum must be present during the whole of the time at which the business is transacted at the meeting.
3: If the chairperson and the deputy chairperson are not present at a meeting, the members who are present must elect one of themselves to act as the chairperson for the meeting.
4: A quorum for a meeting of the joint management board is 2 members, comprising—
a: the chairperson, the deputy chairperson, or a member who is acting as the chairperson; and
b: at least 1 member appointed by the group of joint redress trustees who did not appoint the person present under paragraph (a).
40: Subsequent transfer of reserve land in Wairarapa Moana property
1: This section applies to all or the part of the Wairarapa Moana property that remains a reserve under the Reserves Act 1977
2: The fee simple estate in the reserve land may be transferred only in accordance with section 41
3: In this section and section 41 reserve land
41: Transfer of reserve land in Wairarapa Moana property to new trustees or custodian trustee
1: The registered owners of an undivided share in the fee simple estate in the reserve land may transfer that share if—
a: the transferees are—
i: the trustees of the same trust in whose trustees the share was vested by this or another Act; or
ii: the custodian trustee of that trust; and
b: the instrument to transfer the share is accompanied by a certificate given by the transferees, or the transferees' lawyer, verifying that paragraph (a) applies.
2: In this section, custodian trustee
a: the custodian trustee of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust that is appointed under clause 28 of the trust deed for that Trust; or
b: the custodian trustee of the Rangitāne Tū Mai Rā Trust that is appointed or incorporated under clause 25.1 of the trust deed for that Trust.
42: Reserve land in any reserve property not to be mortgaged
1: This section applies to the following reserve land
a: all or the part of the Wairarapa Moana property that remains a reserve under the Reserves Act 1977
b: all of the land in the Mākirikiri property.
2: The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
43: Saving of bylaws, etc, in relation to reserve properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977
3: Wairarapa Moana framework
1: Statutory Board: functions, membership, procedure, committees, etc
44: Statutory Board established
The Wairarapa Moana Statutory Board is established.
45: Purpose of Statutory Board
The purpose of the Statutory Board is to act as a guardian of Wairarapa Moana and the Ruamahanga River catchment, for the benefit of present and future generations, by—
a: being the administering body of each Wairarapa Moana reserve—
i: for the purpose of the reserve's classification under the Reserves Act 1977
ii: for the purpose of protecting and enhancing its cultural, spiritual, and ecological values; and
b: being the manager of the Wairarapa Moana marginal strips as if it were appointed under section 24H(1)
c: providing leadership on the sustainable management of Wairarapa Moana and the Ruamahanga River catchment; and
d: promoting the restoration, protection, and enhancement of the social, economic, cultural, environmental, and spiritual health and well-being of Wairarapa Moana and the Ruamahanga River catchment to the extent that those matters relate to natural resources.
46: Functions of Statutory Board
1: The principal function of the Statutory Board is to achieve its purpose.
2: The other functions of the Statutory Board are as follows:
a: to do the following in relation to the 3 parts of the Wairarapa Moana document:
i: to prepare and approve the overarching vision and desired outcomes document:
ii: to be consulted on the preparation of the reserves management plan and to submit it for approval:
iii: to approve the natural resources document:
b: to determine the Statutory Board's annual and multi-year priorities:
c: to agree with the appointers of the Statutory Board's members to an annual operational management programme for the Wairarapa Moana reserves and Wairarapa Moana marginal strips, including projects planned for the reserves and marginal strips:
d: to provide advice to the Minister of Conservation and the Director-General on conservation matters relating to the Wairarapa Moana reserves:
e: to provide recommendations to the Minister of Conservation about authorisations (and conditions) for the taking and killing of any fish within any Wairarapa Moana reserve for commercial purposes:
f: to decide on and grant authorisations for the taking and killing of any fish within any Wairarapa Moana reserve for purposes other than commercial purposes:
g: to engage with, seek advice from, and provide advice to local authorities and other relevant agencies about the sustainable integrated management of Wairarapa Moana and the Ruamahanga River catchment:
h: to monitor the following, and to annually report on the following to the appointers of the Statutory Board's members:
i: the implementation of the Wairarapa Moana Statutory Board document; and
ii: the implementation of the annual operational management programme:
i: to engage with third parties and interest groups, including by producing and disseminating information about, and awareness of, Wairarapa Moana and the Ruamahanga River catchment:
j: any other function required to achieve the Statutory Board's purpose. Membership of Statutory Board
47: Membership of Statutory Board
1: The Statutory Board comprises—
a: 4 members appointed by the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust, including—
i: 1 member representing the hapū of Papawai Marae; and
ii: 1 member representing the hapū of Kohunui Marae; and
b: 1 member appointed by the trustees of the Rangitāne Tū Mai Rā Trust; and
c: 2 members appointed by the Minister of Conservation; and
d: 2 members appointed by Wellington Regional Council; and
e: 1 member appointed by South Wairarapa District Council.
2: A member is appointed only if the appointer gives written notice with the following details to the other appointers:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date on which all of the other appointers will have received the notice.
3: An appointment ends after 3 years or earlier when the member resigns or is discharged.
4: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
48: Qualifications of members
In appointing a member, the appointer—
a: must be satisfied that the member has the skills, knowledge, and experience—
i: to participate effectively in the Statutory Board; and
ii: to contribute to achieving the purpose of the Statutory Board; and
b: must have regard to any other members of the Statutory Board to ensure that the membership collectively reflects a balanced mix of skills, knowledge, and experience in relation to Wairarapa Moana.
49: Resignation or discharge of members
1: A member of the Statutory Board may resign by giving written notice to the member's appointer and to the Statutory Board.
2: The appointer of a member may discharge the member by giving written notice to the member and to the Statutory Board.
50: Vacancies in membership
If there is a vacancy in the membership of the Statutory Board,—
a: the relevant appointer must appoint a member to fill the vacancy as soon as is reasonably practicable; and
b: the vacancy does not prevent the Statutory Board from operating if it complies with the quorum and other requirements.
51: Chairperson
The members must elect the chairperson of the Statutory Board from among the 4 members appointed by the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust. Procedures and meetings of Statutory Board
52: Procedures and meetings of Statutory Board
1: Sections 32(2) to (5) 33 34
2: The first meeting of the Statutory Board must be held—
a: before or when the Statutory Board is first required to make a decision by this or another Act; but
b: in any case, no later than 6 months after the settlement date.
3: At its first meeting, the Statutory Board must—
a: adopt rules of procedure; and
b: agree on a schedule of meetings.
4: The rules of procedure must include rules for how the Statutory Board and the appointers of the Statutory Board's members are to agree to the annual operational management programme under section 118
5: For any procedure not covered by the rest of this section, the Statutory Board may adopt any rule of procedure that is consistent with this Act.
6: The Statutory Board may at any time amend its rules of procedure.
53: Quorum of Statutory Board
1: A meeting of the Statutory Board is properly constituted if a quorum is present, whether or not all of the members are voting.
2: At least a quorum must be present during the whole of the time at which the business is transacted at the meeting.
3: If the chairperson is not present at a meeting, the members who are present must elect to act as the chairperson for the meeting one of the members present who was appointed by the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust.
4: A quorum for a meeting of the Statutory Board is 6 members, comprising—
a: the chairperson or a member who is acting as the chairperson (who must be a member appointed by the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust); and
b: at least 1 other member appointed by the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
c: the member appointed by the trustees of the Rangitāne Tū Mai Rā Trust; and
d: at least 3 members each of whom is appointed by an appointer other than joint redress trustees.
54: Voting of Statutory Board
1: A matter to be decided by the Statutory Board must be decided at a meeting of the Statutory Board.
2: The Statutory Board must try to unanimously agree to a matter but, if it cannot, the matter must be decided by a majority of 75% or more of the votes cast by members who are present and voting.
3: The chairperson, or the member who is acting as the chairperson, has a deliberative vote but no casting vote if the required majority is not achieved. Committees of Statutory Board (including committee for natural resources)
55: Committees of Statutory Board
1: In performing its functions, the Statutory Board—
a: has a committee for natural resources, which is established by section 61
b: may establish 1 or more other committees.
2: The committee for natural resources comprises the members required by section 62
3: Any other committee comprises members of the Statutory Board who are appointed by the Statutory Board.
4: A committee may invite advisers or observers to attend its meetings.
56: Appointment of committee members
1: The appointment of a member of a committee ends after 3 years or earlier when the member resigns or is discharged.
2: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
57: Qualifications of committee members
In appointing a member of a committee, the appointer—
a: must be satisfied that the member has the skills, knowledge, and experience—
i: to participate effectively in the committee; and
ii: to contribute to achieving the purpose of the committee; and
b: must have regard to any other members of the committee to ensure that the membership collectively reflects a balanced mix of skills, knowledge, and experience in relation to—
i: Wairarapa Moana and the Ruamahanga River catchment, for the committee for natural resources; or
ii: the matters that relate to the committee's purpose, for any other committee.
58: Resignation or discharge of committee members
1: A member of a committee may resign by giving written notice to the member's appointer and to the committee.
2: The appointer of a member of a committee may discharge the member by giving written notice to the member and to the committee.
59: Vacancies in membership of committee
If there is a vacancy in the membership of a committee,—
a: the relevant appointer must appoint a member to fill the vacancy as soon as is reasonably practicable; and
b: the vacancy does not prevent the committee from operating if it complies with its quorum and other requirements.
60: Procedures and meetings of committee
1: At its first meeting, a committee must—
a: adopt rules of procedure; and
b: agree on a schedule of meetings.
2: The committee—
a: must adopt the rules of procedure (if any) required by the Statutory Board; and
b: may adopt any other rules of procedure that are consistent with this Act.
3: The rules of procedure must include rules for—
a: the committee to elect a chairperson; and
b: the members present at a meeting to elect a member to act as the chairperson for the meeting if the chairperson is not present.
4: The committee may at any time amend the rules of procedure it adopts under subsection (2)﻿(b) Committee for natural resources
61: Committee for natural resources established
A committee for natural resources is established as a committee of the Statutory Board.
62: Membership of committee for natural resources
The committee for natural resources comprises—
a: 2 members appointed by the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: 2 members appointed by the trustees of the Rangitāne Tū Mai Rā Trust; and
c: 1 member appointed by Wellington Regional Council; and
d: 1 member appointed by South Wairarapa District Council; and
e: 1 member appointed by Masterton District Council; and
f: 1 member appointed by Carterton District Council.
63: Appointment of members of committee for natural resources
A member of the committee for natural resources is appointed only if the appointer gives written notice with the following details to the other appointers:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date on which all of the other appointers will have received the notice.
64: Quorum of committee for natural resources
1: A meeting of the committee for natural resources is properly constituted if a quorum is present, whether or not all of the members are voting.
2: At least a quorum must be present during the whole of the time at which the business is transacted at the meeting.
3: A quorum for a meeting of the committee is 6 members, comprising—
a: at least 3 members each of whom is appointed by a group of joint redress trustees; and
b: at least 3 members each of whom is appointed by an appointer other than joint redress trustees.
65: Voting of committee for natural resources
1: A matter to be decided by the committee for natural resources must be decided at a meeting of the committee.
2: The committee must try to unanimously agree to a matter but, if it cannot, the matter must be decided by a majority of 75% or more of the votes cast by members who are present and voting.
3: The chairperson, or the member who is acting as the chairperson, has a deliberative vote but no casting vote if the required majority is not achieved. Provisions about Statutory Board and committees
66: Meeting in person or by electronic means
A meeting of the Statutory Board, or a committee of the Statutory Board, may be held in either, or in a combination, of the following ways:
a: by members meeting in person at the appointed time and place:
b: by members using any means of audio, audiovisual, or electronic communication as long as—
i: all of the members who wish to participate in the meeting by those means have access to the technology needed to do so; and
ii: a quorum of members can simultaneously communicate with each other throughout the meeting.
67: Time when certain notices received
1: This section states when a notice of appointment, a dispute notice, or a mediation notice is to be treated as having been received for the purposes of this Part.
2: The notice is received—
a: at the time of delivery, if delivered by hand; or
b: on the sixth day after posting, if posted; or
c: at the time of transmission, if faxed or sent by other electronic means.
3: However, the notice is received on the next working day if, under subsection (2), it would be treated as having been received—
a: after 5 pm on a working day; or
b: on a day that is not a working day.
68: Alternative members of Statutory Board or committee for natural resources
1: The appointer of 1 or more members of the Statutory Board, or of the committee for natural resources, may appoint 1 or more alternative members for those 1 or more members.
2: An alternative member may attend a meeting, and do everything that the member could do at the meeting, if the member is unable to attend.
3: The following provisions apply to an alternative member of the Statutory Board, with any necessary modifications:
a: section 47(2) to (4)
b: section 48
c: section 49
4: The following provisions apply to an alternative member of the committee for natural resources, with any necessary modifications:
a: sections 56 63
b: section 57
c: section 58
69: Expenses of Statutory Board and committee for natural resources
Each appointer is responsible for paying for the expenses of the members it appoints to the Statutory Board or the committee for natural resources.
70: Statutory Board or committee not organisation or committee of local authority
1: The Statutory Board, or any committee of the Statutory Board, is not a council organisation or a council-controlled organisation for the purposes of the Local Government Act 2002
2: To avoid doubt, the Statutory Board, or any committee of the Statutory Board, is not a committee or a joint committee of a local authority for the purposes of the Local Government Act 2002 Disputes about matters under Wairarapa Moana framework
71: Dispute referred to dispute resolution
1: Any party to a relevant dispute who considers that the dispute has not been resolved within a reasonable time may refer the disputed issues to dispute resolution.
2: In this section, a relevant dispute
a: is about anything to which this Part applies,—
i: including a dispute about the process by which a decision of the Statutory Board, or a committee of the Statutory Board, was made; but
ii: excluding a dispute that is merely an objection to the substance of such a decision or that is about an administrative matter; and
b: has only 2 or more of the following (and no third parties) as parties
i: the Statutory Board:
ii: a committee of the Statutory Board:
iii: an appointer of any member of the Statutory Board:
iv: an appointer of any member of the committee for natural resources.
3: The party refers the disputed issues to dispute resolution by giving written notice to the other parties (the dispute notice
a: specifying the details of the issues; and
b: stating that the issues are referred to dispute resolution.
72: Initial meeting to resolve dispute by agreement
1: The parties must, within 20 working days after the date on which all of the parties have received the dispute notice, meet to try to resolve the disputed issues in good faith.
2: However, the parties may agree on a different deadline.
73: Mediation of dispute
1: Any party may refer to mediation any disputed issues that are not resolved within a reasonable time by agreement under section 72
2: The party refers the disputed issues to mediation by giving written notice to the other parties (the mediation notice
a: specifying the details of the issues; and
b: stating that the issues are referred to mediation.
3: One or more persons must be appointed as the mediator.
4: The mediator—
a: must be familiar with tikanga Māori; and
b: must be independent of the disputed issues.
5: The parties must try to agree on whom to appoint as the mediator.
6: If the parties cannot agree on the mediator within 15 working days after the date on which all of the parties have received the mediation notice, the mediator may be appointed by the Arbitrators and Mediators Institute of New Zealand Incorporated at the written request of the party who started the mediation process.
74: Role of mediator
1: The mediator may give advice at the request of the parties, but cannot determine the disputed issues or bind the parties in any way.
2: The mediator must end the mediation no later than 3 months after the date on which all of the parties have received the mediation notice.
3: If the Statutory Board, or any of its committees, is a party to the dispute, the Statutory Board must pay—
a: an equal share of the costs of the mediator and related expenses; and
b: any other costs and expenses incurred in the mediation by the Statutory Board or its committees.
4: If an appointer of any member of the Statutory Board or the committee for natural resources is a party to the dispute, that appointer must pay—
a: an equal share of the costs of the mediator and related expenses; and
b: any other costs and expenses incurred in the mediation by that appointer.
5: In subsections (3) and (4), equal share
75: Parties must participate in dispute resolution
1: The parties must participate in dispute resolution (including any mediation) in a co-operative, open-minded, and timely manner, having particular regard to—
a: the purposes of the Statutory Board and its committees; and
b: the Wairarapa Moana document.
2: The Statutory Board and its committees must continue to perform their functions in good faith while disputed issues are unresolved.
2: Wairarapa Moana document
76: Preparation and approval of document
This subpart sets out how the Wairarapa Moana document is prepared and approved.
77: Document has 3 parts
The Wairarapa Moana document must have the following 3 parts:
a: an overarching vision, and statement of desired outcomes, for Wairarapa Moana (the overarching vision and desired outcomes document
b: a reserves management plan for the Wairarapa Moana reserves (the reserves management plan
c: a natural resources document for the Ruamahanga River catchment (the natural resources document
78: Requirements for document
1: The Wairarapa Moana document must—
a: recognise and give expression to the relationship of the joint redress iwi and their culture and traditions with their ancestral lands, water, wāhi tapu, and other taonga in Wairarapa Moana and the Ruamahanga River catchment; and
b: respect the tikanga and values of the joint redress iwi in the management of Wairarapa Moana and the Ruamahanga River catchment.
2: In subsection (1)﻿(a) (and only there), Wairarapa Moana
79: Combined process for parts of document
1: The Statutory Board may, at its discretion, combine the processes related to giving public notice of, and seeking and considering submissions on, the drafts of 2 or more of the 3 parts of the Wairarapa Moana document.
2: In that case, a person's rights of participation under the combined process must be no less favourable than under the separate processes. Overarching vision and desired outcomes document
80: Requirements for overarching vision and desired outcomes document
The overarching vision and desired outcomes document must recognise and provide for the cultural, spiritual, and ecological values of Wairarapa Moana.
81: Preparation and approval of overarching vision and desired outcomes document
1: The Statutory Board must prepare a draft overarching vision and desired outcomes document.
2: In preparing the draft document, the Statutory Board must facilitate an inclusive approach that encourages the participation of—
a: the hapū of the joint redress iwi; and
b: any other persons and organisations as the Statutory Board considers appropriate.
82: Public notice of draft overarching vision and desired outcomes document
1: The Statutory Board, no later than 3 months after it prepares the draft overarching vision and desired outcomes document,—
a: must give public notice of the draft document; and
b: may give notice of the draft document in any other way it considers appropriate; and
c: must ensure that the draft document, and any other document it considers relevant, are available for public inspection.
2: The public notice, or other notice, of the draft document must state that—
a: the draft document is available for inspection at the places and times specified in the notice; and
b: any person or organisation may lodge a written (including an electronic) submission on the draft document with the Statutory Board in the manner, at the place, and by the deadline specified in the notice.
3: The deadline must be at least 20 working days after the date on which the public notice is given.
83: Submissions on draft overarching vision and desired outcomes document
1: The Statutory Board must consider the written (including electronic) submissions received on the draft overarching vision and desired outcomes document, but only to the extent that they are consistent with the requirements for the document in section 80
2: The Statutory Board may then, at its discretion,—
a: arrange a hearing at a place and time specified by the Statutory Board; and
b: hear submissions from the persons or organisations who made written (including electronic) submissions.
3: After the hearing (if one is held), the Statutory Board must consider the submissions made at the hearing to the extent that they are consistent with the requirements for the document in section 80
4: The Statutory Board must—
a: keep a record that summarises all submissions received on the draft overarching vision and desired outcomes document; and
b: keep a record that summarises all discussions at hearings about the draft document; and
c: provide the records to any person on request.
84: Approval of overarching vision and desired outcomes document
1: The Statutory Board may amend the draft overarching vision and desired outcomes document after considering any submissions.
2: It may do so either after a hearing arranged by the Statutory Board or after the Statutory Board decides not to arrange a hearing.
3: The Statutory Board must consider the draft document, including any amendments, and—
a: approve it as the final document; or
b: if it considers that any part of the document does not satisfy the requirements in section 80
4: After reconsidering the draft document, the Statutory Board may amend it so that it may be considered for approval.
5: Subsections (3) and (4) then apply to each round of reconsideration.
85: Public notice of overarching vision and desired outcomes document
1: The Statutory Board, after approving the final overarching vision and desired outcomes document,—
a: must give public notice of the document; and
b: may give notice of the document in any other way it considers appropriate; and
c: must ensure that the document is available for public inspection; and
d: may prepare and make available a decision report that states how the Statutory Board considered and dealt with submissions on the draft document.
2: The public notice, or other notice, of the document must state that—
a: the document is available for inspection at the places and times specified in the notice; and
b: the document takes effect on the date specified in the notice.
3: The document takes effect on that specified date.
86: Review and amendment of overarching vision and desired outcomes document
1: The Statutory Board must review the overarching vision and desired outcomes document in accordance with this section.
2: The first review of the document must start no later than 10 years after it was approved as the final document.
3: Each subsequent review must start no later than 10 years after the previous review ended.
4: At the end of each review, the Statutory Board must decide whether the document should be amended.
5: An amendment to the document that has minor effect may be—
a: prepared by the Statutory Board; and
b: made in accordance with sections 84(3) to (5) 85
6: Any other amendment to the document must be prepared and made in accordance with sections 81 85
87: Delegation to committee of Statutory Board
1: The Statutory Board may delegate to a committee of the Statutory Board any function, power, or duty it has under sections 81 86 section 84(3)﻿(a)
2: In that case, those sections apply with any necessary modifications. Reserves management plan
88: Requirements for reserves management plan
The reserves management plan must be consistent with—
a: the overarching vision and desired outcomes document; and
b: the conservation legislation and this Act.
89: Preparation, approval, and review of reserves management plan
1: The reserves management plan must be prepared, approved, and subsequently reviewed in accordance with section 41
2: That section applies to the reserves management plan, whether in relation to its preparation, approval, review, or otherwise,—
a: as modified by the rest of this section; and
b: with any other necessary modifications.
3: The reserves management plan must apply to all of the Wairarapa Moana reserves, despite anything in section 41
4: The draft reserves management plan must be prepared—
a: by the Director-General and the trustees of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust; and
b: in consultation with the Statutory Board.
5: The Statutory Board (as the administering body of the Wairarapa Moana reserves) must submit the draft plan to the Minister of Conservation for approval.
6: The reserves management plan must be reviewed by the Statutory Board, even (despite subsection (4)) for a review that is treated by section 41
7: However, the Statutory Board may delegate the review to a committee of the Statutory Board. Natural resources document
90: Requirements for natural resources document
1: The natural resources document must identify the Statutory Board's issues, values, vision, objectives, and desired outcomes for sustainable management of natural resources in the Ruamahanga River catchment, to the extent that they relate to the health and well-being of Wairarapa Moana or the Ruamahanga River catchment.
2: The document must identify those matters in order to provide leadership on the sustainable management of the Ruamahanga River catchment in a way—
a: that promotes the restoration, protection, and enhancement of the social, economic, cultural, environmental, and spiritual health and well-being of Wairarapa Moana and the Ruamahanga River catchment; and
b: that is consistent with the overarching vision and desired outcomes document; and
c: that satisfies section 78
3: The natural resources document must not contain rules or regulatory methods.
91: Preparation of draft natural resources document
1: The committee for natural resources must prepare a draft natural resources document.
2: In preparing the draft document, the committee must facilitate an inclusive approach that encourages the participation of—
a: the hapū of the joint redress iwi; and
b: any other persons and organisations as the committee considers appropriate.
3: The committee must provide the draft document to the Statutory Board for approval.
92: Public notice of draft natural resources document
1: The Statutory Board, no later than 3 months after the date it approves the draft natural resources document,—
a: must give public notice of the draft document; and
b: may give notice of the draft document in any other way it considers appropriate; and
c: must ensure that the draft document, and any other document it considers relevant, are available for public inspection.
2: The public notice, or other notice, of the draft document must state that—
a: the draft document is available for inspection at the places and times specified in the notice; and
b: any person or organisation may lodge a written (including an electronic) submission on the draft document with the Statutory Board in the manner, at the place, and by the deadline specified in the notice.
3: The deadline must be at least 20 working days after the date on which the public notice is given.
93: Submissions on draft natural resources document
1: The Statutory Board must provide the written (including electronic) submissions received on the draft natural resources document to the committee for natural resources.
2: The committee must—
a: consider the submissions to the extent that they are consistent with the requirements for the document in section 90
b: advise the Statutory Board of the key issues arising from the submissions; and
c: advise the Statutory Board of whether it recommends a hearing.
3: The Statutory Board must consider the advice and then may, at its discretion,—
a: arrange a hearing at a place and time specified by the Statutory Board; and
b: hear submissions from the persons or organisations who made written (including electronic) submissions.
4: A hearing arranged by the Statutory Board must, at its discretion,—
a: be held by the Statutory Board with the committee for natural resources attending; or
b: be held by that committee.
5: After either type of hearing (if one is held), the committee must—
a: consider the submissions made at the hearing to the extent that they are consistent with the requirements for the document in section 90
b: advise the Statutory Board of the key issues arising from the submissions.
6: The committee must—
a: keep a record that summarises all submissions received on the draft natural resources document; and
b: keep a record that summarises all discussions at hearings about the draft document; and
c: provide the records to any person on request.
94: Approval of natural resources document
1: The committee for natural resources may amend the draft natural resources document after considering any submissions.
2: It may do so either after a hearing arranged by the Statutory Board or after the Statutory Board decides not to arrange a hearing.
3: The committee must provide to the Statutory Board—
a: the draft document, including any amendments, for approval; and
b: written details of how the committee—
i: considered the submissions on the draft document; and
ii: made any amendments to the draft document after considering any submissions.
4: The Statutory Board must consider the draft document and—
a: approve it as the final document; or
b: ask the committee to reconsider it.
5: The Statutory Board may ask for reconsideration only if it considers that any part of the document does not satisfy the requirements in section 90
6: After reconsidering the draft document, the committee may amend it and must provide to the Statutory Board—
a: the draft document, including any amendments, for approval; and
b: written details of how the committee—
i: considered the draft document's failure to satisfy the requirements in section 90
ii: made any amendments to the draft document so that it satisfies the requirements.
7: Subsections (4) to (6) then apply to each round of reconsideration.
95: Public notice of natural resources document
1: The Statutory Board, after approving the final natural resources document,—
a: must give public notice of the document; and
b: may give notice of the document in any other way it considers appropriate; and
c: must ensure that the document is available for public inspection; and
d: may make available, after requiring the committee for natural resources to prepare it, a decision report that states how the committee considered and dealt with submissions on the draft document.
2: The public notice, or other notice, of the document must state that—
a: the document is available for inspection at the places and times specified in the notice; and
b: the document takes effect on the date specified in the notice.
3: The document takes effect on that specified date.
96: Assistance for committee for natural resources
1: The committee for natural resources may at any time ask for reports, information, or advice to assist in the preparation or approval of the natural resources document.
2: The committee may ask for these from—
a: any appointer of members to the committee; or
b: any other person.
3: If the committee asks an appointer, the appointer must provide what has been asked for, and by any deadline specified by the committee, if it is reasonably practicable to do so.
97: Review and amendment of natural resources document
1: The committee for natural resources must review the natural resources document as required by this section.
2: The Statutory Board must ask the committee to do each review.
3: The first review of the document must start no later than 10 years after it was approved as the final document.
4: Each subsequent review must start no later than 10 years after the previous review ended.
5: The committee must make recommendations about the document to the Statutory Board at the end of each review.
6: The Statutory Board must consider the recommendations and decide whether the document should be amended.
7: An amendment to the document that has minor effect may be—
a: prepared by the committee; and
b: made in accordance with sections 94(4) to (7) 95
8: Any other amendment to the document must be prepared and made in accordance with sections 91 to 95 Effect of parts of Wairarapa Moana document under certain statutes
98: Effect on local authorities
1: In preparing or changing a regional policy statement, regional plan, or district plan under the Resource Management Act 1991
2: In preparing or adopting a long-term plan or an annual plan under the Local Government Act 2002
3: However, subsections (1) and (2) do not apply to the extent that they would affect the continued operation of the existing Development Scheme under section 112
4: To avoid doubt,—
a: the content of the Wairarapa Moana document does not predetermine or constrain the identification of freshwater values, or the setting of freshwater objectives, by local authorities and their communities under the National Policy Statement for Freshwater Management 2014 issued under the Resource Management Act 1991
b: the local authority must satisfy subsection (1) in a way that is consistent with the Resource Management Act 1991
99: Effect on Director-General
1: In preparing a conservation management strategy under the Conservation Act 1987
a: the overarching vision and desired outcomes document; and
b: the reserves management plan.
2: In preparing any plan under conservation legislation, the Director-General must have particular regard to the content of the following, to the extent that it is relevant to matters covered by the plan:
a: the overarching vision and desired outcomes document; and
b: any advice that relates to the Wairarapa Moana reserves provided by the Statutory Board to the Minister of Conservation or the Director-General.
100: Effect on Minister of Conservation
In recommending the making of any regulations about recreational or commercial fishing to apply to the Wairarapa Moana reserves, the Minister of Conservation must have particular regard to any relevant advice from the Statutory Board.
3: Wairarapa Moana reserves and marginal strips
Conservation areas and reserve become local purpose reserves
101: Conservation areas declared local purpose reserves
Each conservation area described in the following table is declared a reserve and classified as a local purpose reserve, for the primary purpose of ecosystem and wildlife management and the secondary purpose of recreation, subject to section 23 The following table is small in size and has 2 columns. Column 1 is headed Name of conservation area. Column 2 is headed Description. Name of conservation area Description Diversion Conservation Area 0.7082 hectares, more or less, being Section 594 Featherston Suburban. Lake Ōnoke (part of Lake Wairarapa Wetland Conservation Area) 734.1000 hectares, more or less, being Section 1 SO 576158. The Narrows dry lands (part of Lake Wairarapa Wetland Conservation Area) 38.6498 hectares, more or less, being Sections 3, 5, 6, 7, and 8 SO 531280. Parera Conservation Area 0.7151 hectares, more or less, being Section 1 SO 31220 and Section 1 SO 546973.
102: Reserve reclassified as local purpose reserve
1: The classification of the reserve described in the following table is changed to a local purpose reserve, for the primary purpose of ecosystem and wildlife management and the secondary purpose of recreation, subject to section 23 The following table is small in size and has 2 columns. Column 1 is headed Name of reserve. Column 2 is headed Description. Name of reserve Description Part of Matthews and Boggy Pond Wildlife Reserve 385.5245 hectares, more or less, being Section 1 SO 532197 and Section 54 Kahutara District.
2: Section 24 Statutory Board's powers as administering body of Wairarapa Moana reserves
103: Statutory Board is administering body of Wairarapa Moana reserves
1: The Statutory Board is the administering body of a Wairarapa Moana reserve for the purposes of the Reserves Act 1977 sections 104 to 106
2: The Statutory Board must consult with the owners of a Wairarapa Moana reserve before granting an interest in land over the reserve.
3: This section continues to apply despite any transfer of the fee simple estate in a Wairarapa Moana reserve.
104: Administering reserves vested (or partly vested) in the Crown
1: This section applies to a Wairarapa Moana reserve—
a: all of which is vested in the Crown; or
b: part of which is vested in the Crown and part of which is owned by any joint redress trustees.
2: The Reserves Act 1977
a: the Statutory Board were appointed to control and manage the reserve under section 30(1)
b: a reference in a relevant provision to a local authority (including a territorial authority or regional council) included the Statutory Board.
3: In addition, the Statutory Board may grant a concession over the reserve, or do anything else, under section 59A
a: the Statutory Board had all of the Minister's powers under that section (instead of the Minister); and
b: section 59A(2) and (4)
4: However, the following provisions of the Reserves Act 1977
a: section 30
b: section 31
c: the provisions of section 32 section 52(1)
5: For the purposes of subsections (2) and (3), if part of the reserve is owned by any joint redress trustees, the provisions of the Reserves Act 1977
6: In this section and section 105 relevant provision section 8(9) 23(3) 71(3) 91
105: Administering reserves not vested in the Crown
1: This section applies to a Wairarapa Moana reserve no part of which is vested in the Crown.
2: The Reserves Act 1977
a: for the purposes of the following, as if the reserve were vested in the Statutory Board under section 26
i: granting an authorisation over the reserve, or doing anything else, under an authorisations provision:
ii: filing charging documents under section 101(1)﻿(b)
iii: anything under sections 39 105B(1)﻿(m)
b: for all other purposes, as if the Statutory Board were an administering body that neither is appointed to control and manage the reserve nor has the reserve vested in it; and
c: for both sets of purposes, as if a reference in an authorisation provision or a relevant provision to a local authority (including a territorial authority or regional council) included the Statutory Board.
3: To avoid doubt, subsection (2)﻿(b) means that, for those other purposes, provisions of the Reserves Act 1977
4: In this section,— authorisation authorisations provision section 48 48A 50 53 54 55 56 58 58A 60 61 63 72 73 74 75
106: Statutory Board has some powers delegated by Minister under Reserves Act 1977
1: The Statutory Board may exercise or perform, in relation to the Wairarapa Moana reserves, a power or function—
a: that the Minister of Conservation has delegated under section 10
b: that is relevant to the Wairarapa Moana reserves; and
c: that is not excluded by subsection (2); and
d: that it is not already able to exercise or perform under section 104 105
2: The powers and functions under the following provisions of the Reserves Act 1977 sections 6(3) 14(4) 15(1) and (3) 16(1) and (4) 24 25(1) 41(1) 48(1) 48A(3) 51(1) 54(1) 55 56(1) and (2) 58A(1) 59A 67(1)﻿(b) 75(1) and (2)
3: The delegations apply to the Statutory Board—
a: subject to any limitations expressed in the delegation; and
b: with any necessary modifications.
107: Financial provisions for Wairarapa Moana reserves
1: Sections 78 to 81 88 89 90
2: Any money payable under a concession or an authorisation granted over a Wairarapa Moana reserve under the Reserves Act 1977 Conservation Act 1987
3: The Statutory Board must spend the money on achieving the overarching vision and desired outcomes set out in the overarching vision and desired outcomes document, despite anything in Part 4 Existing interests
108: Interests in land for Wairarapa Moana reserves
1: If a Wairarapa Moana reserve is affected by any interest in land when the Statutory Board becomes its administering body, the interest applies as if the Statutory Board were the grantor, or the grantee, as the case may be, of the interest in respect of the reserve, but only while the land remains part of a Wairarapa Moana reserve.
2: Any interest in land that affects a Wairarapa Moana reserve must be dealt with for the purposes of registration as if the Statutory Board were the registered owner of the reserve.
3: Subsections (1) and (2) continue to apply despite any transfer of the fee simple estate in a Wairarapa Moana reserve.
109: Interests that are not interests in land
1: This section applies if a Wairarapa Moana reserve is subject to an interest (other than an interest in land) for which there is a grantor when the Statutory Board becomes its administering body, whether or not the interest also applies to land outside the reserve.
2: The interest applies as if the Statutory Board were the grantor of the interest in respect of the reserve.
3: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the reserve must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the reserve. Existing improvements
110: Existing improvements may remain
1: This section applies to an existing improvement other than—
a: an existing improvement in or on a reserve that becomes a Wairarapa Moana reserve because of section 121
b: the existing Development Scheme.
2: During the 5 years from the start of the settlement date, the existing improvement may remain in or on the Wairarapa Moana reserve even if there is no concession or authorisation for it under the Reserves Act 1977 Conservation Act 1987
3: However, the existing improvement may be used only in accordance with the Reserves Act 1977 Conservation Act 1987
111: Determination and notice of consent applications for existing improvements
1: This section applies to an existing improvement in or on a Wairarapa Moana reserve, other than a reserve that becomes a Wairarapa Moana reserve because of section 121
2: Certain applications relating to the existing improvement must be determined as if—
a: any land in the reserve that was vested in any joint redress trustees on the settlement date remained owned by the Crown; and
b: the reserve were not a reserve and were not subject to the Statutory Board as the administering body under this Part.
3: The applications are each application for a resource consent under the Resource Management Act 1991 Building Act 2004
a: to use, occupy, access, repair, maintain, remove, or demolish the existing improvement; or
b: to rectify the non-compliance of the existing improvement with that Act.
4: The Crown must give written notice to the Statutory Board of an application to which this section applies as follows:
a: for a proposed application by the Crown, before the Crown makes the application; or
b: for any other application, as soon as is reasonably practicable after the Crown receives notice of the application because it owns the land in the reserve.
112: Wellington Regional Council may retain and operate existing Development Scheme
1: The existing Development Scheme may remain in or on the Wairarapa Moana reserves and Wairarapa Moana marginal strips.
2: Wellington Regional Council (the Council
3: In addition, the Council retains any powers and responsibilities that it had, immediately before the relevant date, under the Soil Conservation and Rivers Control Act 1941
4: Subsections (1) to (3) apply as if—
a: any land in a Wairarapa Moana reserve that was vested in any joint redress trustees on the settlement date remained owned by the Crown; and
b: each Wairarapa Moana reserve were not a reserve and were not subject to the Statutory Board as the administering body under this Part; and
c: each Wairarapa Moana marginal strip were not managed by the Statutory Board under section 24H(1)
5: However, the Soil Conservation and Rivers Control Act 1941 section 133(1)﻿(c)
6: The chief executive of the Council must make copies of the following available for inspection, free of charge, at the Council's office in Wellington between 9 am and 5 pm on any working day:
a: the Lower Wairarapa Valley Development Scheme Review 2008:
b: the parts of the Flood Protection Asset Revaluation 2017 that refer to the relevant assets comprising the existing Development Scheme.
7: To avoid doubt,—
a: the continued operation of the existing Development Scheme is subject to all other applicable enactments; and
b: the Statutory Board has no functions in relation to the existing Development Scheme.
8: In this section,— existing Development Scheme
a: means the scheme described by the Lower Wairarapa Valley Development Scheme Review 2008, comprising the relevant assets referred to in the Flood Protection Asset Revaluation 2017, to the extent that the scheme exists in or on a Wairarapa Moana reserve or Wairarapa Moana marginal strip immediately before the relevant date; and
b: includes any other works of the Council to minimise and prevent damage by floods and erosion, to that same extent Flood Protection Asset Revaluation 2017 Lower Wairarapa Valley Development Scheme Review 2008 relevant date
a: the settlement date; or
b: the date on which a reserve becomes a Wairarapa Moana reserve because of section 121 Liability of Crown, Statutory Board, trustees, and Councils for Wairarapa Moana reserves
113: Liability of Crown
1: The Crown retains existing liabilities in relation to—
a: land in a Wairarapa Moana reserve that remains vested in the Crown; and
b: land in a Wairarapa Moana reserve that was vested in any joint redress trustees by this or another Act.
2: The existing liabilities
a: any contamination of the land that happened while the Crown owned the land before the settlement date, whether or not the contamination has been discovered by the settlement date; or
b: an existing improvement that is in or on the land and is owned by the Crown immediately before the settlement date; or
c: plants attached to the land, if it is the bed of a body of water, including in respect of biosecurity matters.
114: Liability of Statutory Board and trustees
1: The Statutory Board, or a group of joint redress trustees, is liable for—
a: any damage or contamination that arises in relation to a Wairarapa Moana reserve from its intentional, reckless, or negligent act or failure to act; and
b: remediating any further damage to, or contamination of, a Wairarapa Moana reserve that arises because its act or failure to act worsens any damage or contamination that existed immediately before the settlement date.
2: The Statutory Board is not liable for—
a: an existing improvement for which it would, apart from this section, be liable because it is the administering body of a Wairarapa Moana reserve; or
b: the waters or aquatic life of, or the plants attached to the bed of a body of water in, a Wairarapa Moana reserve.
3: In all other respects, the Statutory Board is liable for all Wairarapa Moana reserves as if it were the owner of each reserve.
4: The joint redress trustees who are owners of any land in a Wairarapa Moana reserve are not liable for—
a: an existing improvement for which they would, apart from this section, be liable because they own the land; or
b: the waters or aquatic life, or the plants attached to the bed of a body of water, in the land.
5: Subsection (1) overrides subsections (2) and (4).
115: Liability of Councils
1: If a reserve becomes a Wairarapa Moana reserve because of section 121
2: The existing liabilities
a: any contamination of the land that happened while the relevant Council owned the land before that date, whether or not the contamination has been discovered by that date; or
b: an existing improvement that is in or on the land and is owned by the relevant Council immediately before that date; or
c: plants attached to the land, if it is the bed of a body of water, including in respect of biosecurity matters.
116: Assistance towards liability of Statutory Board
1: If the Statutory Board considers that it is unable to meet any liability it has in respect of a Wairarapa Moana reserve, it may request assistance from the Crown.
2: The Statutory Board must request assistance as early as practicable by giving written notice to the Minister of Finance, the Minister of Conservation, and the Minister for the Environment.
3: The Ministers must consider and reply to the request.
4: In their reply, the Ministers may, at their discretion,—
a: propose, or seek the Statutory Board's proposals for, options to meet the liability; or
b: agree to assist in meeting the liability and specify any conditions on assistance that they consider appropriate. Operational management of Wairarapa Moana reserves and Wairarapa Moana marginal strips
117: Operational management of Wairarapa Moana reserves and Wairarapa Moana marginal strips
The appointers of the Statutory Board's members have primary responsibility for operational management of the Wairarapa Moana reserves and Wairarapa Moana marginal strips.
118: Annual planning meeting of Statutory Board
1: The Statutory Board must hold a planning meeting each year.
2: At each planning meeting,—
a: the Statutory Board must determine its annual and multi-year priorities; and
b: the Statutory Board must agree with the appointers of the Statutory Board's members to a programme for the operational management of the Wairarapa Moana reserves and Wairarapa Moana marginal strips for the following year (the annual operational management programme
c: the Statutory Board, and the appointers of the Statutory Board's members, must report to each other on the implementation of their respective responsibilities under the annual operational management programme for the previous year; and
d: the appointers of the Statutory Board's members must agree on the administrative and technical support they will provide to the Statutory Board.
119: Annual operational management programme for Wairarapa Moana reserves and Wairarapa Moana marginal strips
1: The annual operational management programme must—
a: reflect the purpose of the Statutory Board; and
b: implement the reserves management plan, as far as practicable; and
c: implement the Statutory Board's priorities for the relevant year, as far as practicable; and
d: identify the funding that is available from the following for the operational management of the Wairarapa Moana reserves and Wairarapa Moana marginal strips for the relevant year:
i: the Statutory Board:
ii: the appointers of the Statutory Board's members:
iii: any other source; and
e: describe the operational management activities that are planned for the Wairarapa Moana reserves and Wairarapa Moana marginal strips for the relevant year (and any related contracts), including—
i: capital and operational projects; and
ii: policy and planning projects; and
iii: restoration and maintenance activities; and
iv: the processing of applications for concessions and authorisations; and
v: the monitoring of activities undertaken under concessions and authorisations; and
vi: any special projects beyond the usual operational management of the reserves and marginal strips; and
f: identify who is responsible for particular operational management activities, whether the Statutory Board or an appointer of the Statutory Board's members; and
g: include any other information relevant to the operational management of the Wairarapa Moana reserves and Wairarapa Moana marginal strips.
2: The annual operational management programme may—
a: identify funding that spans more than 1 year; and
b: describe management activities that span more than 1 year.
3: A person or body has absolute discretion to decide on the type and amount of the funding it makes available for the management of the Wairarapa Moana reserves and Wairarapa Moana marginal strips, as identified in the annual operational management programme.
4: The management activities planned for the Wairarapa Moana reserves and Wairarapa Moana marginal strips need be implemented only to the extent that funding and other resources make it practicable.
5: The Statutory Board may directly fund special projects from any source of funds, including through a contestable process, and may engage third parties to undertake special projects in accordance with the annual operational management programme. Fishing in Wairarapa Moana reserves
120: Minister or Statutory Board may authorise fishing in Wairarapa Moana reserves
1: The Minister of Conservation (and not the Statutory Board) may authorise the taking and killing of any fish within any Wairarapa Moana reserve for commercial purposes.
2: The Minister may grant authorisation—
a: only on the recommendation of the Statutory Board; and
b: subject to any conditions, but must consider any recommendations for conditions from the Statutory Board.
3: The Statutory Board (and not the Minister of Conservation) may authorise the taking and killing of any fish within any Wairarapa Moana reserve for purposes other than commercial purposes.
4: The Statutory Board may grant authorisation subject to any conditions, and must impose conditions (if any) that the Statutory Board considers necessary to achieve the purpose of the Statutory Board.
5: An authorisation under this section must be in writing.
6: This section overrides section 50
7: However, any taking and killing of fish that is authorised by this section must still comply with any other relevant enactment, including—
a: Part 5B
b: the Wildlife Act 1953
c: any regulations, Proclamation, or notification under those Acts; and
d: for commercial fishing, the Fisheries Act 1996
e: for other fishing, regulations made under the Fisheries Act 1996 section 24(1) Additional Wairarapa Moana reserves
121: Council-owned reserve may become Wairarapa Moana reserve
1: The Statutory Board may consent to being appointed as the administering body of a reserve—
a: that is owned by or vested in the regional council, or the territorial authority, for the area that includes Wairarapa Moana (the relevant Council
b: to which 1 or both of the joint redress iwi have a historical and cultural relationship similar to the one that they have to the Wairarapa Moana reserves; and
c: in respect of which the relevant Council has determined that the Statutory Board is best suited to manage the land.
2: An appointment is made and takes effect on the day that the Minister of Conservation, by notice in the Gazette Reserves Act 1977
3: A reserve for which the Statutory Board has been appointed as the administering body under this section becomes a Wairarapa Moana reserve under this Act.
4: Subsection (5) applies if the relevant Council—
a: no longer wants the Statutory Board to administer a reserve in accordance with an appointment under this section; and
b: has consulted the Statutory Board; and
c: has notified the Minister of Conservation in writing of the matters in paragraphs (a) and (b).
5: The Minister of Conservation must, by notice in the Gazette
6: On the date of the notice,—
a: the reserve ceases to be a Wairarapa Moana reserve under this Act; and
b: the relevant Council resumes responsibility for the reserve for the purposes of the Reserves Act 1977 Statutory Board is manager of Wairarapa Moana marginal strips
122: Statutory Board is manager of Wairarapa Moana marginal strips
The Statutory Board is the manager of the Wairarapa Moana marginal strips as if it were appointed under section 24H(1)