Ngāti Tūrangitukua Claims Settlement Act 1999

1: Short Title and commencement
1: This Act may be cited as the Ngāti Tūrangitukua Claims Settlement Act 1999.
2: This Act comes into force on the day after the date on which it receives the Royal assent.
2: Act to bind the Crown
This Act binds the Crown.
1: Apology by the Crown to Ngāti Tūrangitukua
3: Apology
This Part records the apology given by the Crown to Ngāti Tūrangitukua in the deed of settlement.
4: Text in Māori
The text of the apology in Māori is as follows:
1: E whakaae ana te Karauna mō te āhua ki te whakatūnga o te tāone o Tūrangi kāore ia i ū ki ngā mātāpono o te Tiriti o Waitangi
2: E whakaae ana te Karauna kāore ia i āta whiriwhiri, i rawaka rānei āna whiriwhiritanga ki a Ngāti Tūrangitukua i te katoa o te wā e whakatūria ana te tāone o Tūrangi i muri mai hoki i tērā, ā, e kī ana a ia nā tēnei hē ōna kāore i aronuitia, kāore hoki i kauanuanutia a Ngāti Tūrangitukua me tōna mana tangata whenua tae atu hoki ki ngā kaumātua me ō rātou nā mana.
3: E whakaae ana te Karauna nā te mea nō Ngāti Tūrangitukua te whenua e tika ana kia manaakitia rātou i raro anō i te Tiriti, ā, nā te mea i whakapono rātou ki ngā kupu taurangi atu a te Karauna ka whakaae atu a Ngāti Tūrangitukua ki te whakawātea i tō rātou whenua i Tūrangi hei wāhi tūnga mō te tāone, ā, nā te korenga o te Karauna i ū ki tāna i kī ai kāore i whāia ngā mātāpono o te Tiriti.
4: E tino pāpōuri ana te ngākau o te Karauna mō tāna i mahi ai ki te katoa o Ngāti Tūrangitukua i te wā o te whakatūnga o te tāone, ā, i muri mai i tērā kāore te Karauna i āta tiaki i ngā wāhi tapu, ā, noho ana ko te taha wairua me te taha tikanga o Ngāti Tūrangitukua hei papa.
5: E tino pāpōuri ana te Karauna mō āna mahi hē i mahi ai, nā reira e whakaae nei ki te whakatatūtanga o ngā tono kua roa nei e takoto ana a Ngāti Tūrangitukua e rārangi mai nei i te Whakatatūtanga i hainahia nei i te 26 o ngā rā o Mahuru 1998.
5: Text in English
The text of the apology in English is as follows:
1: The Crown acknowledges that, in relation to the construction of the Turangi township, it failed to act towards Ngāti Tūrangitukua in a manner consistent with the principles of the Treaty of Waitangi
2: The Crown acknowledges that it failed to consult fully or adequately with Ngāti Tūrangitukua throughout the process of the construction of the Turangi Township and after that process, and apologises that in this failure it did not accord to Ngāti Tūrangitukua the respect due their mana as tangata whenua and in particular failed to accord to kaumātua the respect due their mana.
3: The Crown acknowledges that Ngāti Tūrangitukua, as landowners and entitled to be protected under the Treaty, relied on the assurances and undertakings given to them by the Crown in return for which the people of Ngāti Tūrangitukua agreed to make their land at Turangi available for the township, and that in failing to honour those assurances and undertakings, the Crown did not act in accordance with Treaty principles.
4: The Crown expresses its profound regret to all members of Ngāti Tūrangitukua that, during the course of construction of the township, and subsequently, the Crown failed actively to protect wāhi tapu, and that this has been to the detriment of Ngāti Tūrangitukua’s spiritual and cultural well-being.
5: The Crown apologises unreservedly for these acknowledged injustices and accordingly settles with Ngāti Tūrangitukua the claims set out in the deed of settlement signed on 26 September 1998.
2: Interpretation
6: 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.
7: Interpretation of terms
In this Act, unless the context otherwise requires,— ancillary claimant ancillary claims deed 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 5 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 chief executive Council council reserves Parts 4 5 6 7 Crown Crown body section 2(1) section 2 Crown reserves Part 3 deed of settlement
a: means the deed of settlement executed on 26 September 1998 by the Minister in Charge of Treaty of Waitangi Negotiations the Right Honourable Sir Douglas Arthur Montrose Graham, for the Crown, and Ngāti Tūrangitukua; and
b: includes the attachments to the deed of settlement and any amendments to the deed or the attachments encumbrance natural and physical resources section 2 Ngāti Tūrangitukua Ngāti Tūrangitukua Charitable Trust Charitable Trusts Act 1957 Ngāti Tūrangitukua claimant
a: 1 or more of the trustees or beneficiaries of the Ngāti Tūrangitukua Charitable Trust; or
b: 1 or more individuals, whānau, or marae of Ngāti Tūrangitukua, acting individually or collectively; or
c: an ancillary claimant; or
d: the claimants in respect of Wai 84; or
e: a person acting on behalf of the person or persons specified in any of paragraphs (a) to (d) Ngāti Tūrangitukua claims section 8 Registrar reserve section 2 settlement settlement date settlement property Turangi Township Turangitukua Nominees Limited Companies Act 1993 Wai 84 Section 7 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 7 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
8: Meaning of Ngāti Tūrangitukua claims
1: In this Act, Ngāti Tūrangitukua claims
a: means all claims (whether or not researched, registered, or notified) made at any time by a Ngāti Tūrangitukua claimant and—
i: founded on rights arising in or by the Treaty of Waitangi
ii: arising out of or relating to any loss of interests in land, water, rivers, harbours, minerals, forests, or any natural and physical resources, caused by acts or omissions by or on behalf of the Crown or by or under legislation, being a loss that occurred in the period between 31 January 1964 and 21 September 1992; and
b: includes—
i: all of the claims made by Ngāti Tūrangitukua against the Crown arising from those historical grievances of Ngāti Tūrangitukua which are referred to in Wai 84; and
ii: the ancillary claims; but
c: excludes the claims (other than the ancillary claims) relating to land and other resources outside the Turangi Township in respect of losses also suffered by other hapū of Ngāti Tūwharetoa.
2: In subsection (1),— ancillary claims interest loss
3: Settlement of claims
9: Settlement of Ngāti Tūrangitukua claims to be final
1: The settlement of the Ngāti Tūrangitukua claims to be effected pursuant to the deed of settlement, the ancillary claims deed, and this Act is final, and the Crown is released and discharged in respect of those claims.
2: Subsection (1) does not limit the deed of settlement or the ancillary claims deed.
3: Despite any other enactment or rule of law, no court or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—
a: any or all of the Ngāti Tūrangitukua claims; or
b: the validity of the deed of settlement or the ancillary claims deed; or
c: the adequacy of the redress provided to Ngāti Tūrangitukua and others under this Act, the deed of settlement, or the ancillary claims deed; or
d: this Act.
4: Subsection (3) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or implementation of the deed of settlement, the ancillary claims deed, or this Act.
10: Jurisdiction of Tribunal to consider claims
Section 10 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
11: Enactments relating to resumptive memorials on land subject to Ngāti Tūrangitukua claims no longer to apply
1: Nothing in the following enactments applies in relation to any land in the Turangi Township:
a: sections 8A to 8H
b: the amendments made to the Treaty of Waitangi Act 1975 Part 4
c: sections 27A to 27C
d: sections 568 to 570
e: Part 3
2: Subsection (1)﻿(c) does not apply to the land comprised in certificate of title 34C/191 (Wellington Registry). Section 11(1)﻿(d) replaced 1 August 2020 section 668 Education and Training Act 2020
12: Removal of resumptive memorials
1: The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar 1 or more certificates that identify each certificate of title relating to land in the Turangi Township that contains a resumptive memorial entered under any of the enactments referred to in section 11
2: Each certificate must state that it is issued under this section.
3: The Registrar must, as soon as reasonably practicable after receiving a certificate issued under subsection (1), and without fee to the registered proprietor or to the Ngāti Tūrangitukua Charitable Trust,—
a: register the certificate against each certificate of title identified in the certificate; and
b: cancel each resumptive memorial that, under any of the enactments referred to in section 11
4: Subsection (3) does not require the Registrar to note any duplicate certificate of title.
5: This section does not apply to the land comprised in certificate of title 34C/191 (Wellington Registry).
13: Settlement for benefit of Ngāti Tūrangitukua collectively
1: The settlement is for the benefit of Ngāti Tūrangitukua collectively, and not for the benefit of any individual or single whānau.
2: Subsection (1) does not apply to section 8 of the deed of settlement.
14: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16 Section 14 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 14 amended 30 January 2021 section 161 Trusts Act 2019
4: Transfer of settlement properties
15: Transfer of settlement properties
1: Despite any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: purchase or otherwise acquire any settlement property from a Crown body:
b: grant or take a lease of any settlement property to or from a Crown body:
c: transfer any settlement property to the Ngāti Tūrangitukua Charitable Trust or its nominee:
d: sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer.
2: Section 40 sections 41 42
3: Except as expressly provided otherwise in, or by operation of, this Act, nothing in subsection (1) limits—
a: subsection (4); or
b: sections 10 11
c: any other reservation made by any enactment or statutory instrument; or
d: any other enactment which must be complied with before any disposal.
4: Nothing in the Land Act 1948
5: Nothing in the Land Act 1948
16: Issue of certificates of title
1: In this section, settlement property
a: for which no certificate of title has been issued under the Land Transfer Act 1952
b: the fee simple estate in which—
i: is vested in, or held by, the Crown; and
ii: is to be acquired by, or transferred to, the Ngāti Tūrangitukua Charitable Trust or its nominee, under the deed of settlement.
2: Despite any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after the completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952
3: The certificate of title is subject to, and has the benefit of, any relevant easements, encumbrances, restrictions, and other interests, details of which must be set out in the request of the Commissioner of Crown Lands.
5: Department of Conservation protocol
17: Interpretation
In this Part, protocol section 18(1)
a: how the Department of Conservation will exercise its functions, powers, and duties in relation to specified matters in or in the vicinity of Turangi Township; and
b: how the Department of Conservation will, on a continuing basis, interact with Ngāti Tūrangitukua and provide for Ngāti Tūrangitukua’s input into its decision-making process.
18: Authority to issue, amend, or cancel protocol
1: The Crown, acting by and through the Minister of Conservation, may issue a protocol in the form set out in attachment 6.2 of the deed of settlement.
2: The Minister of Conservation may amend and cancel the protocol.
3: The protocol may be amended or cancelled, under subsection (2), at the initiative of either the Minister of Conservation or Turangitukua Nominees Limited.
4: The Minister of Conservation may amend or cancel the protocol under this section only after consulting Turangitukua Nominees Limited.
5: As soon as reasonably practicable after the issue, amendment, or cancellation of the protocol, the Minister of Conservation must notify the issue, amendment, or cancellation in the Gazette
19: Protocol subject to Crown obligations
The protocol is issued and amended subject to, and without restriction upon,—
a: the obligations of the Minister of Conservation and the Department of Conservation to discharge their respective functions, powers, and duties in accordance with existing law and government policy from time to time; and
b: the Crown’s powers to amend policy, and introduce legislation amending existing law.
20: Noting of protocol
1: The existence of the protocol, once issued, and as amended from time to time, including the definition of a protocol as set out in section 17
2: Noting of the protocol under subsection (1) is for the purpose of public notice only and is not an amendment to the relevant strategies or plans for the purposes of section 17I section 46
21: Enforceability of protocol
1: The Minister of Conservation must comply with the protocol as long as it remains in force.
2: If the Minister of Conservation fails unreasonably to comply with the protocol, the Turangitukua Nominees Limited may, subject to the Crown Proceedings Act 1950
3: No person or body, other than the Turangitukua Nominees Limited, may enforce the protocol against the Minister of Conservation.
4: Despite subsection (2), damages are not a remedy available for failure to comply with the obligation in subsection (1).
5: This section does not apply to any guidelines developed under the protocol.
22: Limitation of rights
Except as expressly provided in sections 19 to 21 Conservation Act 1987 Schedule 1
6: Reserves
23: Effective date of matters set out in this Part
The revocation of reserves by sections 25(3) 26(2) 27(3)
24: Intermediate vesting of certain reserves in the Crown before fee simple estate vests in Ngāti Tūrangitukua Charitable Trust
1: This section applies to the revocation of a reserve as a reserve under section 25(3) section 26(2) section 27(3)
a: a Crown reserve; or
b: a council reserve that, immediately before it was vested in the Council, was owned by the Crown.
2: Before the fee simple estate in a reserve vests in the Ngāti Tūrangitukua Charitable Trust under section 25(4) section 26(3) section 27(4)
25: Kutai Street reserves
1: In this section, Kutai Street reserves Parts 1 2
2: The land described in Part 2 Reserves Act 1977
3: The reservation of the Kutai Street reserves as reserves are revoked.
4: The fee simple estates in the Kutai Street reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.
5: Subsection (4) is subject to section 24
6: The vesting under subsection (4) is—
a: subject to a public pedestrian right of way that is 3 m in width and immediately adjacent to the Tongariro River; and
b: to avoid doubt, free from a requirement under Part 4A
7: If, at any time and for any reason, the course of the Tongariro River is altered, the right of way referred to in subsection (6)﻿(a), immediately adjacent to the river, is determined by the course of the river. Section 25(6) added 22 October 2003 section 3 Ngāti Tūrangitukua Claims Settlement Amendment Act 2003 Section 25(7) added 22 October 2003 section 3 Ngāti Tūrangitukua Claims Settlement Amendment Act 2003
25A: Notation on title
1: The Registrar-General of Land is authorised and directed to make entries in the register under the Land Transfer Act 1952 section 25(6) and (7)
2: The Registrar must enter on the certificates of title for the Kutai Street reserves the following words: Subject to a public pedestrian right of way that is 3 m in width and immediately adjacent to the Tongariro River, as provided for by section 25(6) and (7) of the Ngāti Tūrangitukua Claims Settlement Act 1999.
3: Subsection (2) does not limit subsection (1).
4: Section 37 section 25(6) Section 25A inserted 22 October 2003 section 4 Ngāti Tūrangitukua Claims Settlement Amendment Act 2003
26: Crown reserves
1: The appointment of the Council to control and manage the Crown reserves as reserves is revoked.
2: The reservation of the Crown reserves as reserves is revoked.
3: The fee simple estates in the Crown reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.
4: Subsection (3) is subject to section 24
27: Council reserves
1: The land described in Part 6 Reserves Act 1977
2: The land described in Part 7 Reserves Act 1977
3: The reservation of the council reserves as reserves is revoked.
4: The fee simple estates in the council reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.
5: Subsection (4) is subject to section 24
28: Management of Crown reserves and council reserves
1: The agreement of Ngāti Tūrangitukua in clause 7.2.5 of the deed of settlement to the Council controlling and managing the Crown reserves and the council reserves is sufficient for the purposes of section 38(1)
2: The approval of the Minister of Conservation to the Council controlling and managing the Crown reserves and the council reserves is deemed to have been given for the purposes of section 38(1)
3: Each Crown reserve or council reserve may be controlled and managed by the Council—
a: as if it were classified as a local purpose reserve under the Reserves Act 1977 column 4 of Parts 5 7
b: as if it were classified as a recreation reserve under the Reserves Act 1977 column 4 of Parts 3 to 6
4: The control and management by the Council of the Crown reserves and council reserves is subject to the restrictions, terms, and conditions set out in attachment 7.4 of the deed of settlement (and recorded in Schedule 2 section 38(1)
5: The quoting in Schedule 2 section 38(1)
6: Despite subsection (3), the Council may, in accordance with the Reserves Act 1977 Part 3 Part 4 Part 5 Part 6 Part 7
7: The control and management by the Council of the council reserves in Part 5 Part 6 Part 7
29: Power to make bylaws
Sections 106 to 108
a: the Crown reserves and council reserves were reserves under that Act; and
b: the Council were the administering body of the Crown reserves and council reserves as reserves under that Act.
30: Exemption from rates
The Council may exempt a Crown reserve or a council reserve from rates so long as that reserve is controlled and managed for the purpose specified in section 28(3) Part 3 Part 4 Part 5 Part 6 Part 7
31: Certificate of title for Crown reserves and council reserves
The Registrar must, when issuing a certificate of title for a Crown reserve or a council reserve, or when recording the vesting of the fee simple estate in a Crown reserve or a council reserve in accordance with section 25 section 26 section 27 sections 28 33
32: Structures and improvements on reserves
1: In this section, reserve assets
2: The ownership of the reserve assets on the council reserves specified in Part 5 Part 6 Part 7 section 10 section 10A section 20
3: The ownership of the reserve assets on the Crown reserves and the council reserves specified in Part 3 Part 4
4: Subsection (2) applies to each council reserve specified in Part 5 Part 6 Part 3 Part 4
5: The Council or its agents may, from time to time, maintain, repair, remove, renew, add to, expand, or replace any reserve assets and may install or erect new structures utilities, or improvements if it considers it reasonably necessary to do so.
6: The person who, from time to time, owns the reserve assets and the Council have rights of unrestricted access onto and over the Crown reserves and the council reserves to do any of the things listed in subsection (5) whether or not a Crown reserve or a council reserve continues to be controlled and managed by the Council in accordance with section 28
33: Public access rights
1: The vesting of the fee simple estate in the Crown reserves and the council reserves by section 25 section 26 section 27
2: Subsection (1) applies to lawful rights of public access, use, and enjoyment whether existing on or created after the date on which the fee simple estate in the Crown reserves and council reserves vests in the Ngāti Tūrangitukua Charitable Trust.
3: Subsection (1) is subject to any regulation by the Council of public access, use, and enjoyment in accordance with—
a: any other enactment; or
b: the terms of the Council’s appointment to control and manage the Crown reserves and council reserves.
34: Issue of title to reserves
1: Where the fee simple estate in a reserve specified in Schedule 3 Land Transfer Act 1952
2: When the fee simple estate in a reserve specified in Schedule 3 Land Transfer Act 1952
3: Without limiting subsection (4), an application made in accordance with subsection (1) or subsection (2) must be made as soon as reasonably practicable after settlement date and must—
a: specify the Ngāti Tūrangitukua Charitable Trust as the recipient and describe the reserve sufficiently to identify it; and
b: if the application is made under subsection (2), include a certificate by the chief executive or the Chief Surveyor for the district concerned as to the correctness of that description, including a description of any registrable encumbrances subject to which, or with the benefit of which, the property is settled.
4: A certificate of title for each reserve must be issued in accordance with this section as soon as reasonably practicable after an application has been made under this section, and in any event, no later than 12 months after the vesting of the reserves (or such later date as may be agreed in writing by the Ngāti Tūrangitukua Charitable Trust and the Crown).
5: The certificate given in accordance with this section must be filed by the Registrar in the Land Registry Office and is conclusive proof of the matters required to be stated in it.
35: Exclusions
1: Sections 24 25 section 25 section 26 section 27
2: Sections 78(1)﻿(a) 79 80 81 section 25 section 26 section 27
3: Section 11 Part 10 section 25 section 26 section 27
36: Encumbrances
1: Except as expressly provided in this Act, an encumbrance which is not registrable under the Land Transfer Act 1952 section 25 section 26 section 27
2: Except as expressly provided in this Act, the fee simple estate of a reserve that is land under the Land Transfer Act 1952 section 25 section 26 section 27
37: Certification of registrable interests
1: Where the fee simple estate in a reserve is vested in the Ngāti Tūrangitukua Charitable Trust subject to the reservation of, or having the benefit of, any easement (not being an easement previously registered under the Land Transfer Act 1952 subsection (1) or subsection (2) of section 34
2: The Registrar must enter a notation of the easement or encumbrance upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement or encumbrance.
3: Where a notation of an easement or encumbrance is entered upon the relevant certificate of title in accordance with this section, the easement or encumbrance is deemed for all purposes (including all subsequent dealings) to be created under the Land Transfer Act 1952
38: Successors bound
Where the fee simple estate in a reserve is vested in the Ngāti Tūrangitukua Charitable Trust by this Act, the terms on which the reserve is vested in the Ngāti Tūrangitukua Charitable Trust bind any successor in title to the Ngāti Tūrangitukua Charitable Trust.
39: Change of name of reserve
1: The recreation reserve described in Gazette section 16(10)
2: The recreation reserve described in the Gazette section 16(10)
3: The classification and name of the Admirals Scenic Reserve (classified and named by notice in the Gazette
a: changed, to a recreation reserve subject to section 17(1)
b: changed, to Waikari Recreation Reserve.
4: The requirements of section 24 16(10)