Te Urewera Act 2014

1: Title
This Act is the Te Urewera Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Te Urewera
1: Background, purpose, and principles
3: Background to this Act
Te Urewera
1: Te Urewera is ancient and enduring, a fortress of nature, alive with history; its scenery is abundant with mystery, adventure, and remote beauty.
2: Te Urewera is a place of spiritual value, with its own mana and mauri.
3: Te Urewera has an identity in and of itself, inspiring people to commit to its care. Te Urewera and Tūhoe
4: For Tūhoe, Te Urewera is Te Manawa o te Ika a Māui; it is the heart of the great fish of Maui, its name being derived from Murakareke, the son of the ancestor Tūhoe.
5: For Tūhoe, Te Urewera is their ewe whenua, their place of origin and return, their homeland.
6: Te Urewera expresses and gives meaning to Tūhoe culture, language, customs, and identity. There Tūhoe hold mana by ahikāroa; they are tangata whenua and kaitiaki of Te Urewera. Te Urewera and all New Zealanders
7: Te Urewera is prized by other iwi and hapū who have acknowledged special associations with, and customary interests in, parts of Te Urewera.
8: Te Urewera is also prized by all New Zealanders as a place of outstanding national value and intrinsic worth; it is treasured by all for the distinctive natural values of its vast and rugged primeval forest, and for the integrity of those values; for its indigenous ecological systems and biodiversity, its historical and cultural heritage, its scientific importance, and as a place for outdoor recreation and spiritual reflection. Tūhoe and the Crown: shared views and intentions
9: Tūhoe and the Crown share the view that Te Urewera should have legal recognition in its own right, with the responsibilities for its care and conservation set out in the law of New Zealand. To this end, Tūhoe and the Crown have together taken a unique approach, as set out in this Act, to protecting Te Urewera in a way that reflects New Zealand’s culture and values.
10: The Crown and Tūhoe intend this Act to contribute to resolving the grief of Tūhoe and to strengthening and maintaining the connection between Tūhoe and Te Urewera.
4: Purpose of this Act
The purpose of this Act is to establish and preserve in perpetuity a legal identity and protected status for Te Urewera for its intrinsic worth, its distinctive natural and cultural values, the integrity of those values, and for its national importance, and in particular to—
a: strengthen and maintain the connection between Tūhoe and Te Urewera; and
b: preserve as far as possible the natural features and beauty of Te Urewera, the integrity of its indigenous ecological systems and biodiversity, and its historical and cultural heritage; and
c: provide for Te Urewera as a place for public use and enjoyment, for recreation, learning, and spiritual reflection, and as an inspiration for all.
5: Principles for implementing this Act
1: In achieving the purpose of this Act, all persons performing functions and exercising powers under this Act must act so that, as far as possible,—
a: Te Urewera is preserved in its natural state:
b: the indigenous ecological systems and biodiversity of Te Urewera are preserved, and introduced plants and animals are exterminated:
c: Tūhoetanga, which gives expression to Te Urewera, is valued and respected:
d: the relationship of other iwi and hapū with parts of Te Urewera is recognised, valued, and respected:
e: the historical and cultural heritage of Te Urewera is preserved:
f: the value of Te Urewera for soil, water, and forest conservation is maintained:
g: the contribution that Te Urewera can make to conservation nationally is recognised.
2: In achieving the purpose of this Act, all persons performing functions and exercising powers under this Act must act so that the public has freedom of entry and access to Te Urewera, subject to any conditions and restrictions that may be necessary to achieve the purpose of this Act or for public safety.
2: Interpretation and other matters
6: Interpretation 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
In this Act, unless the context otherwise requires,— activity permit section 58 amenity area section 113 appointers section 21(7) attachments authorisation Board chief executive committee computer freehold register computer register section 4 concession section 62 consensus conservation legislation Conservation Act 1987 Schedule 1 conservation planning document
a: means—
i: a statement of general policy approved for national parks under the National Parks Act 1980
ii: a conservation management strategy approved under the Conservation Act 1987
b: for the purposes of section 47(2) deed of settlement
a: means the deed of settlement dated 4 June 2013 and signed by—
i: the Right Honourable John Key, Prime Minister of New Zealand, the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, the Honourable Simon William English, Minister of Finance, and the Honourable Dr Pita Sharples, Minister of Māori Affairs for and on behalf of the Crown; and
ii: Tāmati Kruger, Īharāira Tēmara, Irene Williams, Hinerangi Biddle, Tāhae Doherty, Clifford Ākuhata, Matthew Te Pou, Lorna Taylor, Kuini Beattie, Hārata Williams, Titia Graham, Waereti Tait-Rolleston, Rāwinia Higgins, and Rangihau Te Moana for and on behalf of Tūhoe; and
iii: Tāmati Kruger, Te Tokawhakaea Tēmara, Patrick McGarvey, Tāmati Cairns, Martin Rakuraku, Matthew Te Pou, and Lorna Taylor, being the trustees of Tūhoe Te Uru Taumatua; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments Director-General section 2(1) Fish and Game Council section 2(1) interest management plan Minister New Zealand Conservation Authority section 2(1) New Zealand Fish and Game Council section 2(1) operational plan subpart 3 public conservation land Registrar-General section 4 resource consent section 2(1) settlement date specially protected area section 113 sports fish section 2(1) sports fish and game management plan section 2(1) taonga tūturu section 2(1) Te Urewera section 11 Te Urewera Board Board section 16 Te Urewera establishment land establishment land section 12(3) Part 1 Te Urewera land Te Urewera management plan subpart 2 Te Urewera volunteer section 54 trustees Tūhoe section 13 Tūhoe Te Uru Taumatua warranted officer section 71(5) section 72 wilderness area section 113
8: 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.
9: Act binds the Crown
This Act binds the Crown.
10: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: In this Part,—
a: subpart 1
b: this subpart includes the definitions applying in this Act, the general rule as to when provisions take effect, and the fact that this Act binds the Crown:
c: subpart 3 National Parks Act 1980 Public Finance Act 1989
3: In Part 2
a: subpart 1 Part 1
b: subpart 2 Part 2
c: subpart 3 Part 3
d: subpart 4 Schedule 3 Crown Minerals Act 1991
e: subpart 5
f: subpart 6 Schedule 4
4: In Part 3
a: subpart 1
b: subpart 2
c: subpart 3
d: subpart 4
i: makes provision for the status of certain areas within Te Urewera, namely Ruakituri (to remain a wilderness area but under this Act), Te Whāiti (declared a conservation area and part of the Whirinaki Te Pua-a-Tāne Conservation Park), and Onepoto (declared a conservation area but protected as if it were a national park); and
ii: by agreement with the trustees of Te Rūnanga o Ngāti Manawa, removes the area defined as Tāwhiuau Maunga from Te Urewera National Park, excludes it from Te Urewera, and vests it inalienably in the name of Tangiharuru, a Ngāti Manawa ancestor. This subpart also provides that for management purposes, Tāwhiuau Maunga is to be treated as if it were part of Te Urewera. The wider area defined as Tāwhiuau, which is within Te Urewera, is also within the jurisdiction of the Te Urewera Board, which must fulfil its obligations mindful of Ngāti Manawa values and that Tāwhiuau Maunga is vested in Tangiharuru; and
iii: provides for an agreement to be entered into between the Board and the trustees of Te Rūnanga o Ngāti Whare to provide for recognition of the special association and customary interest of Ngāti Whare in parts of Te Urewera.
5: There are 5 schedules relating to this Act, setting out,—
a: in Schedule 1
b: in Schedule 2
c: in Schedule 3
d: in Schedule 4
e: in Schedule 5
3: Legal identity of Te Urewera and vesting of Te Urewera land
Legal entity
11: Te Urewera declared to be legal entity
1: Te Urewera is a legal entity, and has all the rights, powers, duties, and liabilities of a legal person.
2: However,—
a: the rights, powers, and duties of Te Urewera must be exercised and performed on behalf of, and in the name of, Te Urewera—
i: by Te Urewera Board; and
ii: in the manner provided for in this Act; and
b: the liabilities are the responsibility of Te Urewera Board, except as provided for in section 96 Te Urewera establishment land vested in Te Urewera
12: Vesting of Te Urewera establishment land
1: Te Urewera establishment land ceases to be vested in the Crown.
2: Any part of the establishment land that is—
a: a conservation area under the Conservation Act 1987
b: Crown land under the Land Act 1948
c: a national park under the National Parks Act 1980
d: a reserve under the Reserves Act 1977
3: The fee simple estate in the establishment land vests in Te Urewera and is held under, and in accordance with, this Act.
13: Te Urewera land inalienable
Te Urewera land must not be alienated, mortgaged, charged, or otherwise disposed of, except—
a: in accordance with section 111
b: if a lease or an easement is granted under section 62(1) Amendment of other enactments
14: National Parks Act 1980 amended
1: This section amends the National Parks Act 1980
2: Repeal section 6(1)﻿(g) and (4) 2014-07-28 National Parks Act 1980
15: Public Finance Act 1989 amended
1: This section amends the Public Finance Act 1989
2: In section 27(3)
bb: all legal entities named or described in Schedule 6
3: After Schedule 5
6: s 27(3) Legal entities created by Treaty of Waitangi settlement Acts
The following table is small in size and has 2 columns, but no headings. Te Urewera Te Urewera Act 2014
4: The Public Finance Act 1989 Schedule 5 2014-07-28 Public Finance Act 1989 Public Finance Act 1989 amendments as per this section 15. Also see amendments to Public Finance Act 1989 in schedule 5.
2: Governance and management of Te Urewera
1: Te Urewera Board
Board established
16: Board established
1: Te Urewera Board is established.
2: Further provision is made for matters relevant to the Board in Part 1 Purposes, functions, and powers of Board
17: Purposes of Board
The purposes of the Board are—
a: to act on behalf of, and in the name of, Te Urewera; and
b: to provide governance for Te Urewera in accordance with this Act.
18: Functions of Board
1: The functions of the Board are—
a: to prepare and approve Te Urewera management plan; and
b: to advise the persons managing Te Urewera on the implementation of the management plan, including by means such as—
i: issuing an annual statement of priorities for implementing the management plan:
ii: undertaking any specified functions in relation to the annual operational plan for Te Urewera:
iii: monitoring the implementation of the annual operational plan; and
c: to initiate proposals and make recommendations for—
i: adding land to, or removing land from, Te Urewera; and
ii: acquiring interests in land; and
iii: establishing specially protected areas, wilderness areas, and amenity areas within Te Urewera; and
d: to make bylaws for Te Urewera; and
e: to authorise activities that must not otherwise be undertaken in Te Urewera without an authorisation under Part 2
f: to prepare or commission reports, advice, or recommendations on matters relevant to the purposes of the Board; and
g: to promote or advocate for the interests of Te Urewera in any statutory process or at any public forum; and
h: to liaise with, advise, or seek advice from any agency, local authority, or other entity on matters relevant to the purposes of the Board; and
i: to perform any other function of the Board specified in this Act or in any other enactment; and
j: to take any other action that the Board considers to be relevant and appropriate in achieving its purposes.
2: In performing its functions, the Board may consider and give expression to—
a: Tūhoetanga:
b: Tūhoe concepts of management such as—
i: rāhui:
ii: tapu me noa:
iii: mana me mauri:
iv: tohu.
3: In this section, in accordance with the understanding of Tūhoe,— mana me mauri rāhui tapu tapu me noa tohu
19: General powers of Board
1: The Board has full capacity and all the powers reasonably necessary to achieve its purposes and perform its functions.
2: In performing its functions, the Board must act consistently with—
a: this Act; and
b: Te Urewera management plan; and
c: any other lawful requirement.
3: Except as provided in this Act, the Board may determine its own procedure.
20: Decision making affecting relationship of iwi and hapū with Te Urewera
1: The Board must consider and provide appropriately for the relationship of iwi and hapū and their culture and traditions with Te Urewera when making decisions, including—
a: the approval of Te Urewera management plan; and
b: the adoption of the Board's annual statement of priorities; and
c: the acceptance of the annual operational plan; and
d: the making of a recommendation to add land to Te Urewera or remove land from Te Urewera; and
e: the making of a recommendation to establish a specially protected area, a wilderness area, or an amenity area; and
f: the grant of an activity permit or a concession in Te Urewera; and
g: the imposition of controls on access to parts of Te Urewera; and
h: the making of bylaws.
2: The purpose of subsection (1) is to recognise and reflect—
a: Tūhoetanga; and
b: the Crown's responsibility under the Treaty of Waitangi (Te Tiriti o Waitangi). Membership of Board
21: Appointment of members of Board
1: For the first 3 years after the settlement date, the Board consists of 8 members, appointed as follows:
a: 4 members appointed by the trustees of Tūhoe Te Uru Taumatua; and
b: 4 members appointed jointly by the Minister and the Minister for Treaty of Waitangi Negotiations (the Ministers
2: From the third anniversary of the settlement date, the Board is to consist of 9 members, appointed as follows:
a: 6 members appointed by the trustees of Tūhoe Te Uru Taumatua; and
b: 3 members appointed by the Minister.
3: In making an appointment, an appointer must consider whether the proposed member has the mana, standing in the community, skills, knowledge, or experience—
a: to participate effectively in the Board; and
b: to contribute to achieving the purposes of the Board.
4: Before making any appointment, each appointer must—
a: notify the other appointer of the proposed appointment; and
b: seek the views of the other appointer as to whether the proposed member meets the criteria of subsection (3); and
c: consider the views expressed by the other appointer.
5: Before appointments are made under subsection (1)﻿(b) or (2)﻿(b), the Minister must seek a recommendation from the New Zealand Conservation Authority in relation to 1 of the members to be appointed by the Ministers or Minister, as appropriate.
6: Any recommendation received under subsection (5) must be considered by the Minister, but the Minister—
a: is not obliged to give effect to the recommendation; and
b: may consider a recommendation from any other person.
7: In this subpart, appointers
a: in relation to the first term of the Board, the trustees of Tūhoe Te Uru Taumatua and the Ministers:
b: in relation to the subsequent terms of the Board, the trustees of Tūhoe Te Uru Taumatua and the Minister.
22: Disqualification
1: A natural person who is a disqualified person must not be appointed as a member of the Board.
2: In subsection (1), a disqualified person
a: who is an undischarged bankrupt; or
b: who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993 Securities Act 1978 Securities Markets Act 1988 Takeovers Act 1993
c: who is subject to a property order under the Protection of Personal and Property Rights Act 1988
d: in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988
i: competence to manage his or her own affairs in relation to his or her property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
e: who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person; or
f: who is a member of Parliament; or
g: who is disqualified under another Act.
23: Declaration required as condition of appointment
Before an appointment made under section 21
a: act in a manner that achieves the purposes of the Board and for no other purpose; and
b: act in good faith and not pursue his or her own interests at the expense of the interests of Te Urewera or the Board; and
c: work with the other members to assist the Board to strive for unanimous or consensus decision making, as the context requires; and
d: act with honesty and integrity as a member of the Board; and
e: exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances; and
f: promote the highest level of collaboration among the members of the Board, in accordance with paragraphs (a) to (e); and
g: not contravene, cause the contravention of, or agree to the Board contravening this Act. Chair and deputy chair of Board
24: Chair
1: The members of the Board must appoint a member appointed by the trustees to be the chair of the Board.
2: The chair is appointed for the same 3-year term as the members of the Board, unless the chair resigns, is removed from that office by the Board, or otherwise vacates the office.
3: A chair may be reappointed as chair, but for not more than 3 consecutive terms.
4: However, a chair may hold that office for more than 3 terms, as long as the office is not held by the same person for more than 3 consecutive terms.
5: If a chair is absent from 3 consecutive meetings, the Board must, in accordance with subsection (1), appoint a member appointed by the trustees to be the acting chair to act instead of the chair for the subsequent 3 meetings.
6: If a chair is absent for 6 consecutive meetings, the office of the chair is vacated and the Board must appoint a member appointed by the trustees to be the new chair.
25: Deputy chair
1: The members of the Board must appoint a member to be the deputy chair of the Board.
2: The deputy chair is appointed for the same 3-year term as the members of the Board, unless the deputy chair resigns, is removed from that office by the Board, or otherwise vacates the office.
3: A deputy chair may be reappointed as deputy chair, but for not more than 3 consecutive terms.
4: However, a deputy chair may hold that office for more than 3 terms, as long as the office is not held by the same person for more than 3 consecutive terms. Terms for Board and members
26: First and subsequent terms of Board
1: The first term of the Board—
a: commences on the settlement date; and
b: ends on the day immediately before the third anniversary of the settlement date.
2: Each subsequent term of the Board—
a: commences on the third anniversary of the date on which the previous term commenced; and
b: ends on the day immediately before the third anniversary of the commencement of that term.
27: Term for which members appointed
1: The members of the Board are appointed for a term of 3 years from the commencement of a term of the Board, unless a member resigns, is removed from office by the appointer of that member, or otherwise vacates office.
2: A member may be reappointed, but for no more than 3 consecutive terms.
3: However, a member may be appointed for more than 3 terms, as long as the member is not appointed for more than 3 consecutive terms. Vacancies
28: Removal of member
1: A member of the Board may be removed by, and at the sole discretion of, the appointer of that member.
2: If a member becomes disqualified under section 22(2)
3: Written notice of the removal of a member must be given,—
a: in the case of a removal under subsection (1), by the relevant appointer to—
i: the member removed; and
ii: the Board; and
iii: the other appointer; and
b: in the case of a removal under subsection (2), by the Board to—
i: the member; and
ii: both appointers.
4: A member may resign by written notice to the appointer of the member and to the Board.
29: Vacancies
1: If a member is removed or resigns, or the office of a member otherwise becomes vacant, there is an extraordinary vacancy on the Board.
2: An extraordinary vacancy must be filled in the same manner as the appointment giving rise to the vacancy was made, except that the replacement appointment is for the remainder of the term of the Board to which the vacating member was appointed.
3: The ability of the Board to exercise its functions is not affected by—
a: an extraordinary vacancy; or
b: a failure by an appointer to make an appointment or a replacement appointment. Liability
30: Liability of members
A member of the Board who has acted in good faith in the course of the Board performing its functions is not personally liable for any act or omission of the Board or of any member of the Board. Decision making
31: Obligations of members of Board in decision making
1: In participating in any decision making, every member of the Board must—
a: act for no other purpose than to achieve the purposes of the Board; and
b: promote unanimous or consensus decision making, as the context requires; and
c: promote the highest level of collaboration among the members of the Board.
2: All decisions of the Board must be made at a meeting of the Board.
32: Role of chair in decision making
In relation to the Board's decisions, the chair's role includes—
a: the provision of leadership; and
b: the promotion of unanimous or consensus decision making, as the context requires; and
c: the promotion of the highest level of collaboration among the members of the Board; and
d: at the sole discretion of the chair, initiation of—
i: mediation or other process to assist in decision making; and
ii: the process for voting under section 36
33: Unanimous decisions
1: The Board must strive to make the following decisions by unanimous agreement:
a: the appointment of the chair and deputy chair of the Board; and
b: the approval of Te Urewera management plan and any amendment to it; and
c: the delegation of the Board's functions and powers; and
d: the adoption of the Board's annual statement of priorities; and
e: the acceptance by the Board of the annual operational plan; and
f: a recommendation by the Board to add land to Te Urewera; and
g: a recommendation by the Board to remove land from Te Urewera; and
h: a recommendation by the Board to establish a specially protected area, wilderness area, or amenity area in Te Urewera; and
i: the appointment or revocation of appointment of a committee; and
j: the replacement or amendment of the terms of an appointment of a committee; and
k: the making of bylaws.
2: If, after reasonable discussion, the chair considers that it is not practicable to reach a unanimous decision, the chair may, at his or her sole discretion, declare that the Board's decision is to be made as a consensus decision in accordance with section 34
34: Consensus decisions
1: The Board must strive to make the following decisions by consensus:
a: a decision of a kind not referred to in section 33(1)
b: a decision declared to require a consensus decision under section 33(2)
2: If, after reasonable discussion, the chair considers that it is not practicable for the Board to reach a consensus decision, the chair may, at his or her sole discretion, declare that the decision will be made by a vote of the Board.
3: However, the chair may, at his or her sole discretion, at any time in the decision-making process,—
a: appoint a mediator to assist the Board to make a decision:
b: initiate any other process or take any other action to assist the Board to make a decision.
35: Mediation
If the chair initiates mediation under section 32(d)﻿(i)
a: the mediation process to be adopted; and
b: the time within which the mediation process must be undertaken.
36: Decision by voting
1: If the chair declares that it is not practicable to reach a consensus decision after reasonable discussion, a decision may be made by voting, with the support of—
a: a minimum of 80% of the members present and voting at a meeting of the Board; and
b: not fewer than 2 members appointed by the Minister or Ministers, as appropriate.
2: The chair (or the deputy chair, if the chair is not present) has a deliberative vote, but not a casting vote.
37: Decisions by committee
1: The Board may delegate decision making to a committee of the Board set up in accordance with Part 1
2: The Board must specify the terms of appointment of a committee, including whether, and in what circumstances, the committee must refer a decision to the Board for confirmation or for a final decision. Financial provisions
38: Budget of Board
1: Before the beginning of each financial year, the Board, the chief executive, and the Director-General must develop and agree a budget for the performance of the powers of the Board and the exercise of its powers for that financial year.
2: The chief executive and the Director-General must contribute equally to the costs provided for in the budget, unless both agree to a different contribution.
39: Revenue
1: All revenue received by the Board must be paid into a bank account of the Board and applied, as directed by the Board, for achieving the purpose of this Act.
2: Money received by the Board as a gift or bequest must be applied in accordance with any directions from the gifter or bequestor for its use or for a particular purpose in Te Urewera, but otherwise must be used in accordance with subsection (1). Taxation
40: Tax treatment of Te Urewera and Board
1: In this section, Inland Revenue Acts section 3(1)
2: For the purposes of the Inland Revenue Acts and the liabilities and obligations placed on a person under those Acts, Te Urewera and the Board are deemed to be the same person.
3: In particular (and to avoid doubt),—
a: income derived by Te Urewera is treated as income derived by the Board; and
b: expenditure incurred by Te Urewera is treated as expenditure incurred by the Board; and
c: the application of funds attributable to Te Urewera is treated as the application of funds attributable to the Board; and
d: goods and services supplied by Te Urewera are treated as goods and services supplied by the Board; and
e: good and services acquired by Te Urewera are treated as goods and services acquired by the Board; and
f: obligations placed on Te Urewera under section 15B
4: A notice issued by the Commissioner of Inland Revenue to Te Urewera is treated for the purposes of the Inland Revenue Acts as a notice to the Board.
5: Despite subsections (2) to (4), Te Urewera and the Board are jointly and severally liable under the Inland Revenue Acts.
6: The Income Tax Act 2007 Schedule 5 2014-07-28 Income Tax Act 2007 Application of other Acts
41: Other statutory powers not affected
Except as expressly provided in this Act, this Act and the deed of settlement do not limit—
a: any enactment or rule of law; or
b: the statutory functions and powers exercised by a body within Te Urewera, including the statutory powers and functions of—
i: a local authority; or
ii: the New Zealand Fish and Game Council; or
iii: a Fish and Game Council with jurisdiction in the locality of Te Urewera.
42: Application of certain Acts
The following Acts apply to the Board:
a: the Official Information Act 1982
b: the Ombudsmen Act 1975
c: the Public Audit Act 2001
43: Application of Resource Management Act 1991
Despite section 41
a: work undertaken within Te Urewera by the Board, chief executive, or Director-General does not require a resource consent under section 9(3)
i: is for the purpose of managing Te Urewera under this Act; and
ii: is consistent with this Act and the management plan; and
iii: does not have a significant adverse effect on the environment beyond the boundary of Te Urewera; and
b: section 11 Part 10
2: Te Urewera management plan
Preparation, approval, purpose, and scope of plan
44: Obligation on Board to prepare and approve management plan for Te Urewera
1: The Board must prepare and approve Te Urewera management plan in accordance with this subpart.
2: Public notice, as required by clause 19(1)﻿(c)
3: Further provision is made for the preparation, notification, consideration, and approval of the management plan in Part 2
45: Purpose of Te Urewera management plan
The purpose of Te Urewera management plan is—
a: to identify how the purpose of this Act is to be achieved through the management of Te Urewera; and
b: to set objectives and policies for Te Urewera.
46: Contents of Te Urewera management plan
1: The management plan must—
a: state the objectives and policies for the integrated management of Te Urewera; and
b: identify relevant values at places within Te Urewera, including values relating to—
i: indigenous species, habitats, and ecosystems; and
ii: cultural and historical heritage; and
iii: recreational values; and
iv: scenic, geological, soil, and landform features; and
v: freshwater fisheries and freshwater fish habitats; and
c: identify the outcomes planned for specified places within Te Urewera—
i: that are consistent with the values under paragraph (b); and
ii: that take into account relevant national species recovery and management objectives; and
d: explain how any conflicts between planned outcomes will be resolved; and
e: identify any effects of activities undertaken within Te Urewera and explain how adverse effects are to be minimised; and
f: identify any places in Te Urewera that have been given international recognition in agreements ratified or given legal standing in New Zealand and provide for the management of those places accordingly, where this is consistent with the purpose of this Act; and
g: identify whether there is a need to create specially protected areas, wilderness areas, or amenity areas; and
h: identify the criteria for decision making in respect of Te Urewera, including decisions on applications for activity permits and concessions; and
i: identify what regular monitoring and evaluation of Te Urewera ought to be undertaken; and
j: identify the matters proposed to be regulated by bylaws.
2: The management plan may address any other matters relevant to achieving the purpose of this Act.
47: Relationship between management plan and conservation planning documents
1: Every person or entity that prepares, approves, or reviews the management plan may have regard to any relevant conservation planning document.
2: Every person or entity that prepares, approves, or reviews a conservation planning document that is relevant to Te Urewera must have regard to the management plan. Review of management plan
48: Review and amendment of management plan
1: The Board must commence a review of the management plan not later than 10 years after the date of the previous approval of that plan.
2: Despite subsection (1), the Board may undertake a review of the management plan, in whole or in part, and amend it if, at any time, it considers that it is necessary or desirable to ensure that the plan takes account of increased knowledge or changing circumstances.
3: Amendments must be made in accordance with section 47(1) Part 2
4: However, the provisions of clauses 22(4) 23 Schedule 2
a: the objectives and policies expressed in the management plan; or
b: the public interest in Te Urewera. Transitional
49: Transitional provision
1: Until the date when the management plan required by section 44 section 48 sections 4 5
2: To avoid doubt, section 48 section 44
3: Operational management of Te Urewera
50: Responsibilities of chief executive and Director-General
1: The chief executive and the Director-General are responsible for the operational management of Te Urewera.
2: The operational management of Te Urewera must be in accordance with—
a: this Act; and
b: Te Urewera management plan; and
c: the Board's statement of priorities; and
d: the annual operational plan.
3: The process for preparing an operational plan is set out in Part 3
51: Board's statement of priorities
1: Each year the Board must adopt and issue a statement of priorities for implementing the management plan in the following year.
2: The Board must—
a: give public notice, in whatever manner it considers appropriate, of its adoption of the statement of priorities; and
b: provide a copy of the statement of priorities to the chief executive and the Director-General.
52: Powers and obligations
1: The Director-General and every other person who performs functions and exercises powers and duties under the Conservation Act 1987
2: Those functions, powers, and duties must be performed and exercised in accordance with—
a: this Act; and
b: the Conservation Act 1987
3: Subsection (2)﻿(b) does not limit subsection (2)﻿(a).
53: Annual operational plan
1: Each year the chief executive and the Director-General must prepare an annual operational plan for the operational management of Te Urewera in the following year.
2: The operational plan must—
a: reflect the purpose of this Act; and
b: as far as practicable, implement the management plan; and
c: as far as practicable, implement the Board's statement of priorities for the relevant year; and
d: identify the funding for the management of Te Urewera for the relevant year that is available from—
i: the chief executive; and
ii: the Director-General; and
e: describe the management activities that are planned for Te Urewera, including—
i: capital and operational projects; and
ii: policy and planning projects; and
iii: projects spanning more than 1 financial year; and
iv: restoration and maintenance activities; and
v: contracts for management activities; and
vi: the processing of applications for concessions and activity permits; and
vii: the monitoring of activities undertaken under activity permits and concessions; and
f: identify the responsibility of the chief executive and the Director-General for particular management activities; and
g: identify opportunities for members of Tūhoe to carry out or participate in management activities; and
h: identify priorities and actions for building Tūhoe capability to undertake operational management in Te Urewera; and
i: include any other information relevant to the operational management of Te Urewera.
3: The annual operational plan may refer to funding that extends over more than 1 year.
4: The nature and extent of funding referred to in subsection (2)﻿(d) is solely at the discretion of the body or person providing that funding.
5: Implementation of the matters identified under subsection (2)﻿(b), (c), and (e) is required only to the extent that funding and other resources make that practicable.
54: Kaimahi
1: The chief executive or the Director-General may appoint persons to act in an honorary capacity as kaimahi for the purposes of operational management in Te Urewera.
2: Persons appointed under subsection (1)—
a: may be appointed for a term of not more than 3 years, but may be reappointed; and
b: are not employed, or deemed to be employed, in the service of the Sovereign for the purposes of—
i: the Public Service Act 2020
ii: the Government Superannuation Fund Act 1956 Section 54(2)﻿(b)﻿(i) amended 7 August 2020 section 135 Public Service Act 2020
4: Authorisation of certain activities in Te Urewera
55: Categories of activity
1: There are 4 categories of activity that may be undertaken in Te Urewera, as follows:
a: activities described in section 56
b: activities described in section 58
c: activities (including a trade, business, or occupation) authorised by a concession granted by the Board under section 62
d: activities otherwise authorised by or under this Act.
2: An activity permit or concession obtained from the Board under this subpart does not exempt a person from obtaining any other authorisation required by any other enactment.
3: Further provision is made in Schedule 3
56: Activities for which no authorisation required
The following classes of activity may be undertaken in Te Urewera without authorisation:
a: a cultural, recreational, or educational activity that—
i: is undertaken by an individual or group without any specific gain or reward for that activity, whether pecuniary or otherwise (other than a reasonable charge to recover the reasonable expenses of organising the activity); and
ii: otherwise complies with this Act:
b: a mining activity that is authorised under the Crown Minerals Act 1991
c: an activity carried out by or on behalf of the Board, the chief executive, or the Director-General in relation to the management of Te Urewera under this Act, the management plan, and the annual operational plan:
d: an activity that is necessary to—
i: save or protect human life or health; or
ii: prevent serious damage to property; or
iii: avoid an actual or likely adverse effect on the environment within Te Urewera.
57: Requirements applying to authorisations
1: Any person may apply to the Board for authorisation of an activity under an activity permit or a concession, as relevant.
2: In determining an application, the Board must be satisfied—
a: that a proposed activity is not contrary to this Act; and
b: in the case of the activities described in clauses 1 to 6 Schedule 3 Activity permits
58: Activities requiring activity permit
The following activities must not be undertaken in Te Urewera unless they are authorised by an activity permit issued by the Board:
a: taking, cutting, or destroying any plant, whether indigenous or exotic:
b: disturbing, trapping, taking, hunting, or killing any animal, whether indigenous or exotic (other than sports fish):
c: possessing dead protected wildlife for any cultural or other purpose:
d: entering specially protected areas:
e: making a road or altering an existing road:
f: establishing accommodation:
g: farming:
h: recreational hunting:
i: any activity that would otherwise be an offence under this Act.
59: Process for determining applications for activity permits
1: The Board must develop and make publicly available, in whatever manner it considers appropriate, a process and procedures for receiving, processing, and determining applications for activity permits.
2: The process must accord with good administrative practice and must cover such matters as—
a: the power of the Board to request further information or commission reports:
b: the power of the Board to set fees for processing applications or for the use of facilities and structures, as provided for in clause 34
c: criteria for when it will be appropriate to give public notice, as provided for in clause 35
d: the power of the Board to reject an application as being incomplete or inconsistent with this Act or the management plan:
e: the power of the Board to impose conditions on an activity permit.
60: Application of Wildlife Act 1953
1: The Board and the Director-General must jointly develop and make available a process for dealing with applications for authorisations that are required under both this subpart and the Wildlife Act 1953
2: The process required by subsection (1) must—
a: promote an efficient processing and determination of those applications; and
b: preserve the ability of each statutory decision maker to determine an application in accordance with the relevant enactment.
3: The Board may grant an activity permit to possess, for cultural purposes, dead protected wildlife found and lawfully taken in Te Urewera.
4: If the Board has granted an activity permit under subsection (3), a permit is not required under the Wildlife Act 1953
61: Relationship with Fish and Game Council
As soon as is reasonably practicable after the settlement date, the Board and the Fish and Game Council with jurisdiction in the locality of Te Urewera must commence discussions for the purpose of entering into a memorandum of understanding that records how the Board and the relevant Council will work together in a co-ordinated and co-operative way to ensure that they carry out their statutory functions under this Act and the Conservation Act 1987 Concessions
62: Activities requiring concessions
1: The Board may grant concessions in the form of a lease, licence, permit, or easement, but only if the activity to which the concession relates is not inconsistent with the management plan.
2: Every activity that is or includes a trade, business, or occupation undertaken for specific gain or other reward, whether pecuniary or otherwise, must be authorised by a concession.
3: Application must not be made for a concession if the Board has exercised a power under clause 30 Authorisation for biological control
63: Introduction of biological control organisms
1: In order to control wild animals, animal pests, or plant pests in Te Urewera, the Minister may approve the introduction of any biological control organism into Te Urewera.
2: Before granting an approval, the Minister must—
a: consult the Board and have regard to its views; and
b: undertake a risk assessment, including an assessment of alternative methods of control, based on scientific advice supported by research; and
c: have regard to whether—
i: a biological control organism, if introduced into Te Urewera, would itself become a problem or adversely affect any indigenous organism; and
ii: there is sufficient scientific advice supported by research to indicate that the adverse impacts described in subparagraph (i) would occur.
3: The Minister must not grant an approval under subsection (1) that is inconsistent with—
a: any relevant enactment, including this Act; or
b: the management plan; or
c: any relevant conservation planning document.
64: Crown Minerals Act 1991
1: Despite anything in this Act, Te Urewera land is to be treated as if it were Crown land described in Schedule 4
2: Section 61
5: Review of governance and management of Te Urewera
65: Independent review to be undertaken
1: An independent review of the governance and management of Te Urewera must be undertaken, commencing on the fifth anniversary of the settlement date.
2: The purpose of the review is to review—
a: the extent to which the purpose of this Act is being achieved; and
b: without limiting the generality of paragraph (a),—
i: the functioning of the Board; and
ii: the decision-making process of the Board, including the voting process provided for by section 36
iii: the structure and functioning of any committees; and
iv: the funding for the governance and management of Te Urewera.
3: The review must provide recommendations, if appropriate, to the appointers on any matter considered in the review.
4: Further reviews may be conducted at any later date by agreement of the relevant appointers.
66: Appointment of reviewer or review panel
1: The chair of the trustees and the Minister must jointly appoint a reviewer for the purpose of section 65
2: The appointment must include the terms of reference.
3: The reviewer must act in accordance with the terms of reference.
4: In this section and sections 67 68 reviewer
67: Obligations of reviewer
1: In undertaking the review, the reviewer must discuss matters that the reviewer considers relevant to the review with—
a: the Board; and
b: the chief executive and the Director-General; and
c: other persons or entities that the reviewer considers appropriate.
2: The Board, the chief executive, and the Director-General must—
a: co-operate with and assist the reviewer in undertaking the review; and
b: provide information that is reasonably requested by the reviewer if it is reasonably practicable to do so.
3: The reviewer must provide a draft report to the Board, the chair of the trustees, and the Minister, who may provide comments to the reviewer.
4: The reviewer must consider those comments and supply the final report to those persons.
68: Response on review report
1: The chair of the trustees and the Minister must, as soon as is reasonably practicable, consider and agree their response to the findings and recommendations of the reviewer set out in the final review report.
2: The final review report must be—
a: made publicly available by the chair of the trustees and the Minister; and
b: presented to the House of Representatives by that Minister.
3: The chair of the trustees and the Minister must work together to implement their agreed response to the final review report.
69: Costs
The costs of the independent review conducted under this subpart must be met equally by the persons appointing the reviewer.
6: Bylaws, compliance and enforcement, offences, penalties, and other matters
Bylaws
70: Board may make bylaws
1: The Board may make bylaws to regulate conduct, including bylaws for any of the following purposes:
a: the management, safety, and preservation of Te Urewera and the safety and preservation of the indigenous plants and animals in Te Urewera:
b: the safety and protection of the public using Te Urewera:
c: excluding the public from any specified part of Te Urewera:
d: prescribing the conditions on which persons may—
i: have access to, or be excluded from, any part of Te Urewera:
ii: use any building or facility in Te Urewera:
e: prescribing charges for the admission of persons to any part of Te Urewera set apart for a specified purpose of public recreation or for the use of any building or facility:
f: prescribing conditions on which persons may be permitted to enter, or remain in, a wilderness area within Te Urewera:
g: prescribing conditions for the use of camping sites or picnic places in Te Urewera and fixing charges for their use:
h: prohibiting or regulating the use or parking of vehicles or the use or mooring of boats in Te Urewera:
i: setting apart parking areas within Te Urewera, prescribing conditions and fixing charges for their use, and providing for the removal of motor vehicles that are parked in breach of the conditions:
j: prohibiting or regulating the use of internal combustion engines in Te Urewera, whether or not the engine is the means of propulsion of a vehicle, boat, machine, or appliance:
k: prescribing the safety devices that must be fitted to any machinery or device operated in Te Urewera under the authority of an agreement made, or a lease or licence granted, by the Board, including regulation of the operation and maintenance of the machinery or device:
l: prohibiting aircraft from hovering over or landing on any part of Te Urewera:
m: prescribing conditions on which operators and pilots in command of aircraft may land, take off, or set down, pick up, or recover within Te Urewera any person, livestock, carcass, or article of any kind:
n: prohibiting or restricting animals from being taken into, or used in, Te Urewera:
o: prescribing, for the breach of any bylaw made under this section, fines not exceeding—
i: $10,000 in any 1 case in respect of a breach of bylaws prescribed under paragraphs (l) or (m):
ii: $5,000 in any 1 case in respect of any other bylaws made under this section.
2: If the Board intends to make a bylaw under this section, the Board—
a: must seek advice on the content of the proposed bylaw from the chief executive and the Director-General and may seek comments from other persons or organisations that the Board considers appropriate; and
b: must, together with the chief executive and the Director-General, prepare a draft set of bylaws to submit to the Minister for approval.
3: Bylaws made under this section—
a: must be consistent with this Act and the management plan; and
b: must be approved by the Minister
c:
4: Bylaws under this section are secondary legislation ( see Part 3
4A: That Act applies as if—
a: the Minister were the maker of the bylaws; and
b: the bylaws were made by the Minister approving them.
5: Bylaws made under the National Parks Act 1980 National Parks Act 1980 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 notify it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 70(3)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(3)﻿(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Compliance and enforcement
71: Compliance and enforcement policy and training
1: The Board may prepare and approve a compliance and enforcement policy for Te Urewera.
2: For the purpose of undertaking compliance and enforcement under this subpart, the chief executive and the Director-General must—
a: agree the content of training that is appropriate for the exercise of the compliance and enforcement powers and duties of warranted officers; and
b: make provision for such training.
3: All persons responsible for undertaking compliance and enforcement duties must have regard to any compliance and enforcement policy approved by the Board.
4: The chief executive and the Director-General must—
a: co-ordinate the exercise of compliance and enforcement powers conferred by this Act; and
b: jointly submit to the Board an annual report on the compliance and enforcement undertaken in Te Urewera.
5: In this section, warranted officer section 72
a: employed by the chief executive or the Director-General for compliance and enforcement duties under this Act; or
b: engaged in an honorary capacity by the chief executive or the Director-General for compliance and enforcement duties under this Act.
72: Warranting
1: The chief executive and the Director-General may jointly issue a written warrant to a person if the chief executive and the Director-General—
a: agree that the person is a fit and proper person to exercise and perform the powers and duties of a warranted officer; and
b: are satisfied that the person has—
i: received the appropriate training; and
ii: received the required qualification associated with that training.
2: A warrant issued under this section—
a: must state the powers that the person is authorised to exercise:
b: may be issued for a term not exceeding 3 years and may be renewed:
c: may be surrendered voluntarily by written notice to the chief executive or Director-General, as appropriate:
d: must be surrendered to the chief executive or Director-General, as appropriate, when the term of appointment ends or the person ceases to be warranted for any reason.
73: Powers of warranted officers
A warranted officer may exercise the powers conferred by this Act.
74: Constables
Every constable has the powers of a warranted officer for the purposes of compliance and enforcement under this Act.
75: Warrants under other legislation
1: The following persons may exercise, within Te Urewera, the powers and duties conferred on them by or under other legislation:
a: rangers appointed under section 38(1)
b: fish and game rangers appointed under section 26FA
c: fishery officers and honorary fishery officers appointed under Part 11
2: Clauses 4 5 Conservation Act 1987 Offences
76: Offences in Te Urewera
1: Every person commits an offence who, without being authorised under this Act, the Crown Minerals Act 1991 section 70
a: causes or allows an animal owned by, or under the control of, that person to trespass on Te Urewera; or
b: takes an animal into, or liberates an animal in, Te Urewera; or
c: plants a plant, or sows or scatters the seed of a plant, or introduces any substance that the person knows or ought to have known is injurious to plant or animal life, in Te Urewera; or
d: removes or wilfully damages any, or any part of, any plant, stone, mineral, gravel, kauri gum, or protected New Zealand object in Te Urewera; or
e: wilfully digs, cuts, excavates, or damages the turf in Te Urewera; or
f: occupies or uses any land in Te Urewera for cultivation or any other purpose; or
g: wilfully damages or defaces a fence, a building, or any apparatus in Te Urewera; or
h: takes, destroys, or wilfully injures, or in any manner disturbs or interferes with, an indigenous animal or the nest or eggs of an indigenous animal in Te Urewera; or
i: erects a building, a sign, a hoarding, or any apparatus in Te Urewera; or
j: does anything in Te Urewera that requires a lawful authority under this Act—
i: without an authority; or
ii: in breach of the authority; or
k: in any way interferes with or damages a natural or historic feature of Te Urewera; or
l: refuses to give the information when requested under clause 6
m: after being asked to desist or stop under clause 7 8
2: Every person commits an offence against this Act who,—
a: when required by notice from the chief executive or the Director-General to remove from Te Urewera an animal owned by, or under the control of, that person, fails to do so within the period specified in the notice:
b: being the driver of a vehicle or the pilot of an aircraft or the person in charge of a boat that is illegally in Te Urewera or part of it, fails or refuses to remove that vehicle, aircraft, or boat when required to do so by a warranted officer:
c: without a concession or other right or authority, does or causes something to be done for which a concession or other right or authority is required by this Act:
d: unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys boundary marks, or a stamp, mark, sign, poster, intentions book, concession, or right or authority issued by the Board, the chief executive, or the Director-General.
3: Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of an item specified in subsection (1)﻿(d) or (h) knowing it to have been removed unlawfully from Te Urewera.
4: Every person commits an offence against this Act who, without being authorised under this Act,—
a: is in possession of a chainsaw, firearm, trap, net, or other like object in Te Urewera; or
b: discharges a firearm in Te Urewera; or
c: from outside Te Urewera, shoots at an animal or other object or thing inside Te Urewera with a firearm.
5: If a person is found discharging a firearm in breach of subsection (4), clause 11(8)
6: Every person commits an offence against this Act who breaches a bylaw made under section 70 section 70(1)﻿(o)
7: In addition to any penalty for which the person may be liable, a person convicted of an offence under this section is liable to pay the cost of any loss or damage, or expenses caused by or arising from the action constituting the offence (which may include salaries, wages, and incidental expenses incurred in investigating the offence or in remedying the loss or damage caused by that action).
8: The proof of authorisation for the purposes of subsection (1) or (4) must be established by the person charged.
9: For the purpose of subsection (7), the cost or value must be assessed by a District Court Judge and is recoverable as if it were incurred as a fine.
77: Offences against warranted officers
Every person commits an offence against this Act who—
a: wilfully obstructs a warranted officer acting in the execution of any of the functions, powers, or duties conferred or imposed by or under this subpart:
b: not being a warranted officer, represents that he or she is such an officer. Penalties
78: Penalties for specified offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) is liable on conviction to the penalties prescribed in subsection (3).
2: The provisions are—
a: section 76(1)﻿(a) to (i) and (k)
b: section 76(2)﻿(a) and (b)
c: section 76(4)﻿(b) and (c)
d: section 77(a)
3: The penalties are,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
79: Penalties not otherwise prescribed
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable, on conviction, to,—
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
80: Penalties for offences committed for commercial gain
1: If a person is convicted of an offence against this Act, and it is proved beyond reasonable doubt on sentencing that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable, in place of any penalty otherwise prescribed,—
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $300,000, or both:
b: in the case of a body corporate, to a fine not exceeding $300,000:
c: in any case, if the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1) Proceedings
81: Proceedings in respect of offences
1: Any person may commence a proceeding under this Act.
2: If the Board, the chief executive, or the Director-General proposes to commence a proceeding under this Act, that person must inform the others of—
a: the particulars of the offence; and
b: the nature of the proposed proceeding, including the time when that person intends to commence it.
3: There is no duty on any person, other than those referred to in subsection (2), to inform any person of the intention to commence a proceeding.
82: Limitation period for filing charging document
Despite anything to the contrary in section 25
83: Presumptions relating to offences
1: If a person is found in possession of a plant, stone, mineral, egg, nest, animal, taonga tūturu, or part of any similar thing in the vicinity of Te Urewera, and fails or refuses to give a satisfactory account, when asked by a warranted officer, as to how the thing has come to be in that person's possession, that is to be treated as evidence that the person removed it from Te Urewera.
2: In a proceeding for an offence against this Act or against a bylaw made under section 70 Control of dogs in Te Urewera
84: Control of dogs
1: No person who owns or is in charge of a dog may allow the dog to be in Te Urewera unless permitted by or under this Act or by a bylaw made under section 70
2: Provision is made in Part 2
85: Dog control permits
1: Subject to clause 13
2: Without limiting subsection (1), the Board may refuse to issue a dog control permit if the permit is sought—
a: for a dog that is classified as a dangerous dog under section 31
b: by a person who—
i: is classified under section 21(1)
ii: is disqualified under section 25
iii: has been convicted of an offence under the Dog Control and Hydatids Act 1982
iv: has been convicted of an offence against section 86 section 26ZZP 26ZZQ
v: has been convicted of an offence against the Wildlife Act 1953 Marine Mammals Protection Act 1978 Trade in Endangered Species Act 1989
3: Every dog control permit issued under subsection (1) is subject to—
a: the condition that the holder carry the permit on his or her person whenever the holder is in Te Urewera and is accompanied by the dog; and
b: other conditions that the Board thinks fit to impose.
4: Every dog control permit issued under subsection (1) must state the activity and purpose for which it is issued.
86: Offences in relation to dogs
1: Every person commits an offence against this Act and is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000 or to both who—
a: is the owner of a dog or person in charge of a dog and who allows the dog, contrary to section 84
b: is a person authorised by or under this Act to take a dog into Te Urewera, but fails to keep the dog under proper control; or
c: is the owner of a dog or person in charge of a dog, but fails to comply with any condition of a dog control permit.
2: Without limiting subsection (1)﻿(b), for the purpose of this Act, a dog is not under proper control if it is found at large in Te Urewera. Fines payable to Board
87: Board to receive fines
1: Fines imposed and recovered in any proceedings under this subpart must be paid to the Board.
2: Money received by the Board under this section is subject to—
a: section 39(1)
b: section 73
3: Te Urewera land and related matters
Interpretation
88: Interpretation
In this Part, unless the context requires otherwise,— Crown improvements
a: attached to Te Urewera establishment land; and
b: owned by the Crown immediately before the settlement date historical Treaty claim section 2 LINZ Māori freehold land section 4 private land Te Urewera easements
a: the right of way easement created by Transfer H731315.3 registered on computer freehold registers SA27A/847 and SA38D/87; and
b: the right of way easement created by Transfer H679634.3 registered on computer freehold register SA49A/375; and
c: the easements referred to in section 99
1: Provisions for registration and other matters relating to Te Urewera land
89: Registration of Te Urewera establishment land in Te Urewera
1: The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—
a: create, in the name of Te Urewera, 1 computer freehold register for the fee simple estate in Te Urewera establishment land; and
b: record on the computer freehold register—
i: any interests that are registered, notified, or notifiable (including the Te Urewera easements), and are described in the application; and
ii: a notation that the establishment land is subject to this Act; and
iii: for the purpose of section 91
2: Despite the registration of Te Urewera establishment land in the name of Te Urewera, the Board must exercise and perform all the rights, powers, and duties of the registered proprietor of the establishment land on behalf of, and in the name of, Te Urewera.
3: The Registrar-General must have regard to subsection (2).
4: A computer freehold register must be created for the establishment land as soon as is reasonably practicable after the settlement date, but not later than 24 months after that date.
5: Subsection (1) applies despite—
a: the Land Transfer Act 1952
b: the fact that Te Urewera establishment land is situated in 2 land registration districts.
90: Resumptive memorials to be cancelled
1: The following enactments cease to apply to Te Urewera land:
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ
2: The Registrar-General must ensure that no resumptive memorials that relate to the enactments listed in subsection (1) are entered on the register for Te Urewera land. Section 90(1)﻿(b) replaced 1 August 2020 section 668 Education and Training Act 2020
91: Interests of registered proprietors of adjacent land not affected
The computer freehold register for Te Urewera land does not adversely affect or in any way limit the title of a registered proprietor of land adjacent to Te Urewera land.
92: Existing interests to continue
1: Any interests relating to Te Urewera establishment land immediately before its vesting by section 12 existing interests
2: Existing interests continue to apply, with any necessary modification, until the interest expires or is terminated.
3: For the purposes of the existing interests, on and from the settlement date,—
a: in any case where the interest has been granted by or to the Crown, the Crown is deemed to have been replaced by the Board as the grantor or grantee; and
b: if the context requires, references to other enactments are to be read as references to this Act; and
c: references to Te Urewera National Park are to be read as references to Te Urewera.
4: Despite subsection (3)﻿(a), a variation to, or renewal of, an interest relating to Tāwhiuau Maunga must have the written consent of the trustees of Te Rūnanga o Ngāti Manawa.
5: In this section, Tāwhiuau Maunga trustees of Te Rūnanga o Ngāti Manawa section 129
93: Application of other enactments
1: Nothing in Part 4A Public Works Act 1981
2: Nothing in Te Ture Whenua Maori Act 1993
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in Te Urewera land; or
b: any matter incidental to, or required for the purpose of, the vesting.
5: The vesting of the fee simple estate in Te Urewera land does not—
a: limit section 10 11
b: affect other rights to subsurface minerals in Te Urewera land.
6: The permission of a council under section 348 Official geographic names
94: Official geographic names discontinued
1: The official geographic name of Te Urewera National Park is discontinued.
2: If any part of Te Urewera land was a Crown protected area immediately prior to its vesting, the official geographic name of that land is discontinued.
3: The New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa must amend the Gazetteer to record that the relevant official geographic names have been discontinued by this section.
4: In this section, Crown protected area Gazetteer official geographic name section 4 Improvements
95: Ownership of improvements
1: Crown improvements—
a: remain vested in the Crown; and
b: may be used, occupied, accessed, maintained, removed, or demolished by the chief executive or the Director-General in a manner that is consistent with—
i: the management plan; and
ii: the annual operational plan for Te Urewera.
2: Subsection (1)﻿(b) applies only to the extent that the use, occupation, access, maintenance, removal, or demolition of the improvements is not inconsistent with—
a: the terms of an existing interest (within the meaning of section 92(1)
b: any existing grant by the Crown to a third party for the use of the improvements.
3: Other improvements attached to the establishment land that are not governed by an existing interest (within the meaning of section 92(1)
a: the person or body that attached the improvement to the land; or
b: if that person or body no longer exists or no longer has an interest in the improvement, the person or body who would have had ownership rights to the improvement immediately before the vesting, as if the improvement were personal property. Liabilities
96: Certain liabilities excluded
Rates
1: Te Urewera land is to be treated as if Te Urewera were listed in clause 1 Fire Authority levies
2: No levy may be imposed on the Board in respect of Te Urewera land under section 45(3) 46(3) Contamination of land
3: The Crown, and not the Board, is responsible for any liability to remediate Te Urewera land that is contaminated, if the contamination occurred at any time while the Crown owned the land.
4: In subsection (3), contaminated land section 2(1)
97: Costs of meeting any liability
1: This section applies if—
a: the Board has a liability arising from acting on behalf of Te Urewera; and
b: the Board cannot meet the costs or other obligations imposed by that liability.
2: The Board must, at the earliest practicable opportunity, give written notice of the matter to—
a: the trustees; and
b: the Minister of Finance and the Minister of Conservation (the Ministers
3: The notice may propose options for meeting the costs and other obligations associated with the liability.
4: The Board, the trustees, and the Ministers must consider and respond to any proposals any of them may make.
5: The trustees and the Ministers may—
a: propose options or seek proposals from the Board for meeting the liability; and
b: agree to provide assistance to the Board, specifying any condition on that assistance that they consider appropriate. Easements required
98: Easement over former Kainaha historic reserve
1: The Board must, at its first meeting after the settlement date, sign and return to the Crown, in favour of the Minister for Arts, Culture and Heritage, a registrable easement in gross for a right to locate, access, and maintain headstones on the former Kainaha historic reserve, on the terms and conditions set out in part 8.2 of the documents schedule.
2: The easement—
a: must be enforceable in accordance with its terms despite this Act or any other enactment; and
b: is to be treated as having been granted in accordance with this Act.
99: Waikaremoana easements
1: The Board must grant and register easements in perpetuity over the part of Te Urewera establishment land used for the operation of the Waikaremoana power station, on the terms and conditions specified by the Crown.
2: The easements—
a: must be enforceable in accordance with their terms, despite this Act or any other enactment; but
b: are to be treated as having been granted in accordance with this Act.
3: This section applies only if the Crown has not registered the easements before the settlement date.
2: Land added to, or removed from, Te Urewera or interests acquired
100: Land added to Te Urewera
1: Any area of land outside the boundaries to Te Urewera may be added to Te Urewera under this subpart.
2: Land may be added to Te Urewera only if—
a: it meets the criteria set out in section 101
b: the land is approved for addition to Te Urewera in accordance with sections 104 to 107
3: Land added to Te Urewera becomes Te Urewera land.
101: Criteria for adding land
1: All land proposed for addition to Te Urewera must contain—
a: features that have significant natural, cultural, or historic values important for the connection between Tūhoe and Te Urewera, if their inclusion in Te Urewera will strengthen and maintain that connection; or
b: natural features of such distinctive natural beauty or cultural or scientific value that preservation of the land in perpetuity is of national importance; or
c: indigenous ecological systems and biodiversity or other natural features whose natural, cultural, or historic values are unique or so scientifically important that their preservation in perpetuity is of national importance.
2: An area of land outside the boundaries of Te Urewera may be considered for inclusion in Te Urewera, even if its natural, cultural, or historic values have been diminished, as long as the land—
a: is capable of restoration or regeneration, particularly if it is representative of an indigenous ecological system not elsewhere protected in New Zealand; or
b: contains features that are not elsewhere protected in New Zealand but are unique, or so beautiful or scientifically important as to justify protection as part of Te Urewera; or
c: does not have significant natural values but—
i: the area has cultural or historic values significant enough to justify protection as part of Te Urewera; and
ii: the inclusion of that land is compatible with the protection of the natural values of Te Urewera.
102: Other interests may be acquired
1: The Board may acquire interests of the kind described in subsection (3) if the Board is satisfied as to the matters set out in subsection (2).
2: Before exercising a power under this section, the Board must be satisfied,—
a: after considering the matters in sections 101 103
b: that the Board is able to secure the necessary funds for the acquisition.
3: The Board may—
a: enter into a contract for—
i: a lease or licence over private land:
ii: an easement over private land:
iii: an interest of a licensee or lessee in private land:
b: accept an easement, lease, licence, or the interest of a licensee or lessee as a gift.
4: An interest acquired under this section is, for the duration of the interest, subject to this Act and must be administered by the Board for the purpose of this Act.
103: Relevant considerations for determining whether land may be added or interests acquired
In considering a proposal to add land to Te Urewera or to acquire an interest, the Board, the chief executive, the Minister, and the Director-General must each consider, as relevant, the following matters:
a: the extent to which the land proposed to be added to Te Urewera, or any interest acquired, would contribute to—
i: achieving the purpose of this Act; and
ii: protecting Te Urewera from the adverse effects of activities outside Te Urewera; and
iii: strengthening and maintaining the connection of Tūhoe with Te Urewera; and
iv: achieving protection of a nationally representative range of ecosystems, natural features, scenery types, and landscape types, and the contribution of Te Urewera to achieving that goal; and
v: the efficient management of Te Urewera; and
vi: public access to Te Urewera, to the extent that that is consistent with the need to preserve the natural, cultural, historic, or scientific values of Te Urewera; and
b: any extant historical Treaty claims over the land to which the proposal relates; and
c: any financial or other implications relevant to the governance and management of Te Urewera; and
d: any other matters that are considered relevant. Addition of private land
104: Proposal to add private land to Te Urewera
1: The Board may make a proposal to add private land to Te Urewera if it is satisfied that the land is suitable to add to Te Urewera on the grounds that—
a: the land meets the criteria set out in section 101
b: the Board and the owner of the land have reached an agreement for the Board to acquire the land by sale and purchase or receive it as a gift.
2: If the private land that is the subject of a proposal is Māori freehold land,—
a: the agreement to add that land to Te Urewera must be treated as an alienation of the whole or part of a block for the purposes of Part 7
b: the agreement is conditional on the Minister making a recommendation under section 105(1)﻿(a)
c: the requirements of Te Ture Whenua Maori Act 1993
3: The Board may, before making a proposal under subsection (1), request the chief executive and the Director-General to investigate the proposal and provide a report to the Board with recommended outcomes.
4: To avoid doubt, the Māori Land Court does not have jurisdiction to make a vesting order to add land to Te Urewera
5: The addition of any land to Te Urewera is subject to the Board being able to secure the funds necessary for the purchase price (if any).
105: Minister's obligations
1: The Minister must consider a proposal of the Board under section 104
a: recommend to the Governor-General that all or part of the land referred to in the Board's proposal be added to Te Urewera; or
b: decide not to make a recommendation to the Governor-General.
2: In the case of a proposal relating to Māori freehold land, the Minister must be satisfied that the Māori Land Court has—
a: endorsed the agreement to alienate the land for the purpose of adding it to Te Urewera by issuing a certificate of confirmation under Part 8
b: in the case of a resolution of the owners to alienate the land, made an order of confirmation under Part 8
3: Before deciding not to make a recommendation to the Governor-General, the Minister must provide the Board with—
a: the reasons why the Minister is considering not making a recommendation; and
b: an opportunity to consider how to respond to the Minister.
4: The Governor-General may, on the advice of the Minister, make an Order in Council that—
a: vests in Te Urewera the land referred to in the Minister's recommendation; and
b: states that the land is held under, and in accordance with, this Act; and
c: sets out any other matters relevant to the vesting.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 105(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Addition of public conservation land
106: Board's obligations
1: If the Board proposes to add public conservation land to Te Urewera, the Board must—
a: advise the Minister of the proposal; and
b: seek and consider views on the proposal from—
i: iwi and hapū; and
ii: the New Zealand Conservation Authority; and
iii: the relevant conservation boards; and
iv: the relevant local authorities; and
v: the New Zealand Fish and Game Council; and
vi: a Fish and Game Council with jurisdiction in the locality of Te Urewera.
2: The Board may request the Director-General to investigate the proposal and report on it to the Board, including outcomes the Director-General recommends.
3: If the Director-General receives a request under subsection (2), the Director-General must—
a: consider the matters set out in section 103
b: give written notice to the Minister of Energy and Resources.
4: After undertaking an investigation, the Director-General must—
a: give public notice nationally of the draft report on the investigation, in whatever manner the Director-General considers appropriate, stating where the draft report may be viewed; and
b: invite public submissions on the report by a specified date, which must be not less than 40 working days after the date of the notice; and
c: specify how submissions may be made and request submitters to state whether they wish to be heard by the Director-General in support of their submissions; and
d: provide submitters who wish to be heard with a reasonable opportunity to appear and be heard; and
e: consider all submissions, written and oral, as long as they are relevant to the investigation and comply with the conditions notified; and
f: prepare a final report.
5: The final report of the Director-General must include—
a: an explanation of the process of the investigation; and
b: a summary and evaluation of the submissions made on the report; and
c: the final outcomes recommended.
6: The Director-General must provide the final report to the Board.
7: The Board must seek comment on that final report from the New Zealand Conservation Authority and relevant conservation boards.
8: Before making a recommendation to the Minister that all, part, or none of the land referred to in the Director-General's final report be added to Te Urewera, the Board must consider—
a: the report of the Director-General and any comments received under subsection (7); and
b: the matters set out in section 103
9: If the Board is satisfied that the addition of the relevant land would benefit Te Urewera, the Board may recommend to the Minister that all or part of the land be added to Te Urewera.
107: Minister's obligations
1: The Minister must consider the recommendation received from the Board under section 106(8)
a: recommend to the Governor-General that all or part of the land referred to in the final report of the Director-General be added to Te Urewera; or
b: decide not to make a recommendation to the Governor-General.
2: Before deciding not to make a recommendation to the Governor-General, the Minister must provide the Board with—
a: the reasons why the Minister is considering not making a recommendation; and
b: an opportunity to consider how to respond to the Minister's concerns.
3: The Governor-General may, on the advice of the Minister, make an Order in Council that—
a: frees the land to be added to Te Urewera of its status as public conservation land held or administered under conservation legislation; and
b: vests that land in Te Urewera; and
c: states that the land ceases to be vested in the Crown but is held in the name of Te Urewera under, and in accordance with, this Act; and
d: sets out any other matters relevant to the vesting.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 107(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Registration of land added to Te Urewera
108: Registration of land added to Te Urewera
1: This section applies to land added at any time to Te Urewera by an Order in Council made under section 105 107
2: After an Order in Council made under section 105 107
3: The Registrar-General must, in accordance with that application,—
a: register the Order in Council obtained under section 105 107
b: cancel the existing computer freehold register for Te Urewera land; and
c: create, in the name of Te Urewera, 1 computer freehold register for the fee simple estate in Te Urewera land (being the land described in the Order in Council and the land in the computer freehold register in the name of Te Urewera immediately before that register is cancelled under paragraph (b)); and
d: record on the computer freehold register—
i: any interests that are registered, notified, or notifiable and are described in the application; and
ii: a notation that the land is subject to this Act; and
iii: for the purpose of section 91
4: Despite the registration of Te Urewera land in the name of Te Urewera, the Board must exercise and perform all the rights, duties, and powers of the registered proprietor of Te Urewera land on behalf of, and in the name of, Te Urewera.
5: The Registrar-General must have regard to subsection (4).
6: Subsection (3)—
a: applies despite—
i: the Land Transfer Act 1952
ii: the fact that Te Urewera land is situated in 2 land registration districts; and
b: is subject to the completion of any survey necessary to create a computer freehold register. Unformed roads
109: Stopping certain unformed roads adjoining Te Urewera land
1: This section applies if a local authority—
a: stops an unformed road adjoining Te Urewera for the purpose of adding that land to Te Urewera; and
b: declares by public notice that the road is stopped.
2: The road ceases to be a road and the land vests in Te Urewera and becomes Te Urewera land.
3: The provisions of Schedule 10
4: Despite section 100(2) sections 103 to 105
5: The following provisions of the Local Government Act 1974
a: section 342(1)﻿(a)
b: section 345
110: Registration of land added to Te Urewera if road stopped
1: The Board, or a person authorised by the Board, must promptly apply in writing to the Registrar-General to create a new computer freehold register for Te Urewera land.
2: The Registrar-General must, in accordance with that written application,—
a: cancel the existing computer freehold register for Te Urewera land; and
b: create, in the name of Te Urewera, 1 computer freehold register for the fee simple estate in Te Urewera land (being the stopped road and the land in the computer freehold register in the name of Te Urewera immediately before that register was cancelled under paragraph (a)); and
c: record on the computer freehold register—
i: any interests that are registered, notified, or notifiable and are described in the application; and
ii: a notation that the land is subject to this Act; and
iii: for the purpose of section 91
3: Despite the registration of Te Urewera land in the name of Te Urewera, the Board must exercise and perform all the rights, duties, and powers of the registered proprietor of Te Urewera land on behalf of, and in the name of, Te Urewera.
4: The Registrar-General must have regard to subsection (3).
5: Subsection (2)—
a: applies despite—
i: the Land Transfer Act 1952
ii: the fact that Te Urewera land is situated in 2 land registration districts; and
b: is subject to the completion of any survey necessary to create a computer freehold register. Removal of land from Te Urewera
111: Circumstances when land may be removed from Te Urewera
1: No area of land may be removed from Te Urewera except by an Act of Parliament enacted after the commencement of this Act.
2: On the recommendation of the Board, the Minister may propose legislation for introduction to Parliament to remove an area of land from Te Urewera, but only—
a: if the removal would enable a minor boundary adjustment to align Te Urewera more closely with natural boundaries or as a result of a resurvey; or
b: if land is required for the realignment of an existing formed legal road, for a new legal road, or for the legalisation of an existing public road; or
c: to facilitate the exchange of land to deal with an encroachment or to enhance the boundaries of Te Urewera; or
d: if the land does not have natural, cultural, historic, or scientific values to justify its inclusion in Te Urewera.
3: If the proposal to remove land from Te Urewera has not been included in the management plan and the Board considers that its removal may be controversial, the Board must give public notice nationally seeking public comment on the proposal before making a recommendation under subsection (2)
4: Section 11 Part 10
a: to the removal of land from Te Urewera; or
b: to any matter incidental to, or required for the purpose of, the removal.
5: Land removed from Te Urewera under this section—
a: ceases to be Te Urewera land; and
b: is no longer subject to this Act.
112: Registration after land removed from Te Urewera
1: If land is removed from Te Urewera under section 111
2: The Registrar-General must, in accordance with that written application,—
a: cancel the existing computer freehold register for Te Urewera land; and
b: create, in the name of Te Urewera, 1 computer freehold register for the fee simple estate in Te Urewera land (being the land in the computer freehold register in the name of Te Urewera immediately before that register was cancelled under paragraph (a), but excluding the land removed in accordance with section 111
c: record on the computer freehold register—
i: any interests that are registered, notified, or notifiable and are described in the application; and
ii: a notation that the land is subject to this Act; and
iii: for the purpose of section 91
3: Despite the registration of Te Urewera land in the name of Te Urewera, the Board must exercise and perform all the rights, duties, and powers of the registered proprietor of Te Urewera land on behalf of, and in the name of, Te Urewera.
4: The Registrar-General must have regard to subsection (3).
5: Subsection (2)—
a: applies despite—
i: the Land Transfer Act 1952
ii: the fact that Te Urewera land is situated in 2 land registration districts; and
b: is subject to the completion of any survey necessary to create a computer freehold register.
3: Powers to establish special areas and to enter into covenants
Establishment of special areas within Te Urewera
113: Recommendation to establish special areas in Te Urewera
1: The Board may, if provided for in the management plan, recommend to the Minister that any of the following areas be established in any part of Te Urewera:
a: a specially protected area:
b: a wilderness area:
c: an amenity area.
2: The Board must specify in its recommendation—
a: the particular features that justify the area being established under this subpart; and
b: the name proposed for the area.
114: Criteria for recommendations to establish special areas
Specially protected areas
1: The Board may make a recommendation to establish a specially protected area in a specified part of Te Urewera, but only if the Board considers that there are special features or values in that part of Te Urewera that—
a: are of particular importance in achieving the purpose of this Act; and
b: justify the status of a specially protected area; and
c: are of such importance that public access to that area should be controlled. Wilderness areas
2: The Board may make a recommendation to establish a wilderness area in a specified part of Te Urewera, but only if the Board considers that there are particular natural and wilderness values in that part of Te Urewera that—
a: are of particular importance in achieving the purpose of this Act; and
b: justify the status of a wilderness area; and
c: are of such importance that the restrictions set out in sections 119 120
3: An area set aside as a wilderness area must be sufficiently large, remote, and buffered to be affected by human influences only in minor ways. Amenity areas
4: The Board may make a recommendation to establish an amenity area in a specified part of Te Urewera, but only if the Board considers that—
a: the area should be set apart for the development of recreational, public, and cultural amenities and related services; and
b: the development of those amenities and services cannot practicably be located outside Te Urewera; and
c: the adverse effects on the rest of Te Urewera can be minimised.
115: Determination of recommendation to establish special areas
1: On receiving a recommendation from the Board under section 113
a: must consider the Board's recommendation; and
b: may request further information from the Board that the Minister considers relevant; and
c: may by notice in the Gazette
2: Before the Minister declines to accept a recommendation in whole or in part, the Minister must provide the Board with—
a: the reasons why the Minister is considering not accepting the recommendation; and
b: an opportunity to consider how to respond to the Minister's concerns.
3: The status of an area established under this section may be revoked or the boundaries of the area altered, on a recommendation of the Board and in accordance with subsections (1) and (2).
116: Management of areas established under this subpart
1: A specially protected area must be managed in accordance with—
a: the management plan; and
b: the purpose for which the area is established.
2: A wilderness area must be managed—
a: in accordance with the management plan; and
b: to preserve its indigenous natural resources; and
c: to retain its wilderness qualities.
3: An amenity area must be managed in accordance with—
a: the management plan; and
b: the purpose for which the area is established.
117: Minister may propose establishing specially protected area
1: The Minister may propose to the Board that a specially protected area be established in any part of Te Urewera.
2: The Board must consider the Minister's proposal and may, if it considers it appropriate, make a recommendation to that effect under section 113 Specially protected areas
118: Authorisation of activities in specially protected areas
1: No person may enter a specially protected area unless that person—
a: is authorised to do so by the Board; and
b: complies with the conditions of the authorisation.
2: An authorisation may be issued subject to any conditions.
3: The Board must not issue an authorisation that would be inconsistent with the management plan.
4: If a specially protected area is established under section 117 Wilderness areas
119: Restrictions on activities in wilderness areas
1: While an area is set apart as a wilderness area,—
a: its indigenous natural resources must be preserved; and
b: the following activities are prohibited:
i: constructing, erecting, or maintaining buildings, machinery, or apparatus in the area; and
ii: taking into, or using animals, vehicles, or motorised vessels (including hovercraft and jet boats) in, the area; and
iii: landing, hovering, or taking off of a helicopter or other motorised aircraft for the purpose of embarking or disembarking passengers or goods in the area:
iv: constructing roads, tracks, or trails in the area.
2: The activities specified in subsection (1) must not be undertaken in a wilderness area unless authorised by the Board under section 120
120: Criteria for authorising activities in wilderness areas
1: The Board may authorise an activity described in section 119
a: is consistent with the management plan; and
b: is necessary or desirable for preserving the indigenous natural resources in the wilderness area; and
c: is consistent with the purpose of this Act.
2: The Board may authorise any person to liberate any species of indigenous animal in a wilderness area if—
a: the Board is satisfied that there is sufficient evidence of the species previously being present in the area; and
b: the proposed liberation is not inconsistent with the management plan. Amenity areas
121: Limitation on purpose and principles
While an area is set aside as an amenity area, the purpose and principles set out in sections 4 5 Power to covenant land
122: Board may enter into covenants
1: The purpose of this section and sections 123 to 125
2: The purpose of entering into a covenant is to provide for the protection of the relevant land in a manner that contributes to achieving the purpose of this Act.
3: A covenant may be entered into only if—
a: the Board is satisfied that the land over which a covenant is proposed meets the criteria set out in section 101
b: the Board has considered the matters set out in section 103
c: the owner of the land (or the lessee, with the consent of the owner) is willing to enter into a covenant that provides for the management of the land in a manner that will achieve the purpose of the covenant.
4: The Board must meet all the costs associated with entering into a covenant.
123: Scope of covenants
1: A covenant entered into under section 122
2: In the case of a covenant applying to any Māori freehold land, a covenant may be in perpetuity, but subject to a condition that, at intervals of not less than 25 years, the objectives, conditions, and continuation of the covenant be reviewed, with a power to terminate the covenant—
a: by agreement; or
b: by notice of either party of not less than 6 months.
3: The Board must have regard to the manawhenua of the owner or lessee in a review under subsection (2).
124: Compliance and enforcement
1: For the duration of a covenant, the following provisions apply to the covenanted land, as far as they are applicable and with the necessary modifications, as if the land were part of Te Urewera:
a: clauses 6 to 12
b: sections 76 77
2: Subsection (1) applies subject to the terms and conditions of the covenant.
125: Legal effect and registration of covenant
1: Despite any other enactment or rule of law or equity, a covenant runs with the covenanted land and binds the land with the burden of the covenant.
2: A covenant is deemed to be an interest in land for the purposes of the Land Transfer Act 1952
3: The Board, or a person authorised by the Board, must lodge the covenant for registration with the Registrar-General who must record on a computer register for the land a notation that the land is subject to a covenant under sections 122 to 124
4: Subsection (3) is subject to the completion of a survey if the land to which the covenant applies is not already defined in accordance with rules made under section 49
4: Provisions relating to certain parts of Te Urewera
Ruakituri Wilderness Area
126: Ruakituri Wilderness Area
The Ruakituri Wilderness Area established under the National Parks Act 1980 Gazette Te Whāiti
127: Status of Te Whāiti changed
1: Te Whāiti (being part of Te Urewera National Park) ceases to be a national park under the National Parks Act 1980
2: Te Whāiti is declared to be a conservation area under the Conservation Act 1987
3: However, Te Whāiti continues to be protected as if it were part of a national park.
4: The status of Te Whāiti as a conservation area and part of the Whirinaki Te Pua-a-Tāne Conservation Park cannot be revoked except by an Act of Parliament.
5: In this section, Te Whāiti Onepoto
128: Status of Onepoto changed
1: The part of Onepoto that is a national park (being part of Te Urewera National Park)—
a: ceases to be a national park under the National Parks Act 1980
b: is declared to be a conservation area under the Conservation Act 1987 National Parks Act 1980
2: The part of Onepoto that has a secondary use designation as a national park ceases to have that designation, but is declared by this section to have a secondary use designation as a conservation area.
3: The part of Onepoto referred to—
a: in subsection (1) is Part Section 5 and Section 6 Block 1 Waiau Survey District Balance Gazette
b: in subsection (2) is Sections 18 and 19 SO 8881 and Section 7 Block 1 Waiau Survey District Balance Gazette Tāwhiuau Maunga and Ngāti Manawa interests in western parts of Te Urewera
129: Interpretation
1: In this section and sections 130 to 135 Ngāti Manawa area of interest Ngāti Manawa deed of settlement deed of settlement section 10 Ngāti Manawa values section 10 protection principles section 10 Tangiharuru Tāwhiuau area
a: means the land defined as Tāwhiuau in section 10
b: includes Tāwhiuau Maunga Tāwhiuau Maunga Part 2 trustees of Te Rūnanga o Ngāti Manawa section 10
2: The Ngāti Manawa Claims Settlement Act 2012 Schedule 5 2014-07-28 Ngāti Manawa Claims Settlement Act 2012
130: Vesting of Tāwhiuau Maunga in name of Tangiharuru
1: Tāwhiuau Maunga—
a: ceases to be part of Te Urewera National Park and held under the National Parks Act 1980
b: is not part of Te Urewera.
2: The fee simple estate in Tāwhiuau Maunga is vested in the name of Tangiharuru.
3: The land vested by subsection (2) must not be alienated, mortgaged, charged, or otherwise disposed of, other than by the grant of a lease or an easement by the Board under section 62(1)
4: Despite subsection (1), for management purposes Tāwhiuau Maunga is to be treated as if it were part of Te Urewera and subject to this Act.
5: A concession in the form of a lease, licence, or an easement over any part of the land vested by subsection (3) must not be granted without the written consent of the trustees of Te Rūnanga o Ngāti Manawa.
131: Registration of Tāwhiuau Maunga in name of Tangiharuru
1: The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—
a: create, in the name of Tangiharuru, 1 computer freehold register for the fee simple estate in Tāwhiuau Maunga; and
b: record on the computer freehold register—
i: any interests that are registered, notified, or notifiable, and are described in the application; and
ii: a notation that the land is subject to this Act; and
iii: for the purpose of section 91
2: The interests referred to in subsection (1)﻿(b)﻿(i) include the Te Urewera easements referred to in paragraphs (a) and (b) of the definition of Te Urewera easements in section 88
3: The computer freehold register required by subsection (1) must be created not later than 24 months after the settlement date.
4: Subsection (1) applies despite the Land Transfer Act 1952
5: For the purposes of any registration matter relating to a concession granted by the Board under section 62(1)
6: The Registrar-General must have regard to section 132(1)
132: Role of trustees of Te Rūnanga o Ngāti Manawa
1: On and from the date when the fee simple estate in Tāwhiuau Maunga is registered in the name of Tangiharuru under section 131
a: have all the duties, powers, and rights of the registered proprietor of Tāwhiuau Maunga; and
b: must perform the duties, and exercise the powers and rights, in their own names and not in the name of Tangiharuru.
2: On and from the date of registration of Tāwhiuau Maunga, section 100
133: Management of Tāwhiuau area
1: This section applies to the following kinds of decisions made in relation to the Tāwhiuau area by the Board or Minister of Conservation:
a: a decision that relates solely to the Tāwhiuau area:
b: a decision that may have a significant effect on the Tāwhiuau area or Ngāti Manawa values and protection principles.
2: In making a decision of a kind described in subsection (1), the Board or the Minister of Conservation, as appropriate, must—
a: engage with the trustees of Te Rūnanga o Ngāti Manawa; and
b: have particular regard for the fact that Tāwhiuau Maunga is vested in Tangiharuru; and
c: not make a decision that is inconsistent with Ngāti Manawa values and protection principles.
134: Agreement between trustees of Te Rūnanga o Ngāti Manawa and Te Urewera Board
In order to recognise Ngāti Manawa's interests within the western parts of Te Urewera that are in the Ngāti Manawa area of interest, the trustees of Te Rūnanga o Ngāti Manawa and the Board must, not later than 24 months after the settlement date, enter into an agreement to make provision for how the Board and the trustees of Te Rūnanga o Ngāti Manawa will conduct their relationship—
a: in matters relating to the management and administration of the area of Te Urewera where Ngāti Manawa have existing redress under the Ngāti Manawa Claims Settlement Act 2012
b: in other matters of interest to both the Board and the trustees of Te Rūnanga o Ngāti Manawa, such as—
i: the process by which the parties will interact; and
ii: the consideration of Ngāti Manawa's values; and
iii: the involvement of Ngāti Manawa in relevant decision-making processes.
135: Application of other provisions
The following provisions apply to Tāwhiuau Maunga as if the references to Te Urewera land and Te Urewera establishment land were references to Tāwhiuau Maunga:
a: section 64 Crown Minerals Act 1991 section 61
b: sections 91 92
c: section 93
d: section 95
e: section 96 Interests of Ngāti Whare in certain parts of Te Urewera
136: Agreement between trustees of Te Rūnanga o Ngāti Whare and Te Urewera Board
1: Not later than 24 months after the settlement date, the Board must enter into an agreement with the trustees of Te Rūnanga o Ngāti Whare to make provision for how the trustees of Te Rūnanga o Ngāti Whare and the Board will conduct their relationship in matters relating to the management and administration of certain western parts of Te Urewera and other agreed matters of interest to both the Board and Ngāti Whare.
2: The purpose of subsection (1) is to provide for the recognition of, and to reflect,—
a: the special association and customary interest of Ngāti Whare in relation to parts of Te Urewera; and
b: the close relationship between Te Rūnanga o Ngāti Whare and Tūhoe Te Uru Taumatua.
3: In this section, trustees of Te Rūnanga o Ngāti Whare section 10 Interests of Ngāti Ruapani ki Waikaremoana in Waikaremoana area
137: Interests of Ngāti Ruapani ki Waikaremoana in Waikaremoana area
1: As soon as practicable after the settlement date, the Board and Ngāti Ruapani ki Waikaremoana must commence discussions for the purpose of entering into a memorandum of understanding that records how the Board will work with Ngāti Ruapani ki Waikaremoana in undertaking processes under this Act that affect the interests of Ngāti Ruapani ki Waikaremoana in the Waikaremoana area.
2: Legislation enacted to give effect to a settlement of the historical claims of Ngāti Ruapani ki Waikaremoana may provide for the memorandum of understanding entered into under subsection (1) to terminate.
3: Subsection (2) applies if the Crown and Ngāti Ruapani ki Waikaremoana agree that redress provided to Ngāti Ruapani ki Waikaremoana under other legislation supersedes the matters set out in the memorandum of understanding.
5: Consequential amendments to other Acts
138: Amendment to other Acts
Amend the Acts specified in Schedule 5 2014-07-28 Biosecurity Act 1993 Dog Control Act 1996 Fencing Act 1978 Litter Act 1979 Local Government (Rating) Act 2002 Property Law Act 2007 Ombudsmen Act 1975 Public Audit Act 2001 Some listings in schedule 5 have been amends noted in the text of this Act due to their mention in the relevant prov.