Waitutu Block Settlement Act 1997

1: Short Title and commencement
1: This Act may be cited as the Waitutu Block Settlement Act 1997.
2: This Act comes into force on 21 December 1997.
2: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement and the deed of covenant. 1995 No 58 s 2
3: Interpretation
In this Act, unless context otherwise requires,— conservation management plan section 17G conservation management strategy section 17F deed of covenant Schedule 2 deed of settlement department Director-General District Land Registrar Incorporation Part 4 of the Maori Affairs Amendment Act 1967 section 357 management plan section 48 Minister national park National Parks Act 1980 owners Waitutu Block Schedule 1
4: Act to bind the Crown
This Act binds the Crown.
5: Application of National Parks Act 1980 to Waitutu Block
1: The National Parks Act 1980
2: The application of the National Parks Act 1980
a: nothing in that Act limits or affects the rights conferred on the Incorporation and the owners by clause 3 of the deed of covenant:
b: nothing in that Act limits or affects the rights of Susan Judith Clyma referred to in clause 9 of the deed of covenant:
c: sections 8 51
3: The powers conferred by the National Parks Act 1980
6: Sale, lease, or other disposition of Waitutu Block
1: The Incorporation may sell, lease, otherwise dispose of, or grant rights in respect of, the Waitutu Block or any part of the Block.
2: Before the Incorporation does any of the things specified in subsection (1), the Incorporation must give the Crown—
a: notice of its intention to do so; and
b: reasonable time to make an offer to the Incorporation for the Waitutu Block under clause 20 of the deed of covenant.
3: If the Crown does not make an offer for the Waitutu Block or the Crown makes an offer that is not accepted by the Incorporation, the Incorporation may do the thing of which it gave notice.
4: Before the Incorporation does the thing of which it gave notice, the Incorporation must obtain the binding agreement of the other party to the transaction that the other party will comply with the deed of covenant.
5: The doing of any of the things specified in subsection (1) does not limit or affect the power of the Minister to grant a concession in respect of the Waitutu Block under section 49
6: Any concession granted by the Minister in respect of the Waitutu Block under section 49
7: Subject to section 7 National Parks Act 1980
8: In this section, the term Incorporation
7: Purchase or lease of Waitutu Block by the Crown
1: If the Crown becomes the owner or lessee of the Waitutu Block or any part of the Block, the National Parks Act 1980
2: If the Waitutu Block or any part of the Block becomes a national park subject to the National Parks Act 1980
8: Incorporation to be consulted about management of Waitutu Block
The Minister, the Director-General, and the department, as the case may require, must consult with and have regard to the views of the Incorporation and any subsequent owner of the Waitutu Block in exercising powers under the National Parks Act 1980
a: in exercising the powers conferred by section 43
b: in preparing, under sections 45 47
c: in amending or reviewing, under sections 46 47
d: in respect of any development or management (including public access) that may interfere with wahi tapu areas in the Waitutu Block,— and the provisions of that Act apply subject to this section.
9: Incorporation to be consulted about conservation management strategies and conservation management plans under Conservation Act 1987
The Director-General must consult with and have regard to the views of the Incorporation and any subsequent owner of the Waitutu Block in—
a: preparing, under sections 17D 17F
b: preparing, under sections 17E 17G
c: reviewing, under section 17H
d: initiating, under section 17I and the provisions of that Act apply subject to this section.
10: How consultation with Incorporation to be effected
Any obligation imposed by this Act or by the deed of covenant on the Minister or the Director-General or the department, as the case may be, to consult with the Incorporation is discharged if the Minister or the Director-General or the department consults with the persons who comprise the management committee of the Incorporation.
11: Registration of deed of covenant
1: The District Land Registrar must, without fee, on the application of any person authorised in writing by the Minister, register against each certificate of title referred to in Schedule 1
2: Every covenant contained in the deed of covenant runs with and binds the land that is subject to that covenant and is deemed to be an interest in the land for the purposes of the Land Transfer Act 1952
12: References to Incorporation in documents and registers under Land Transfer Act 1952
For the purposes of the Land Transfer Act 1952
13: No further inquiries into claim by Incorporation to Waitangi Tribunal
1: Despite any other enactment or rule of law, no court or tribunal has jurisdiction to inquire or further inquire into or to make any finding or recommendation in respect of those parts of the following claims made to the Waitangi Tribunal that are attributable to the Incorporation:
a: the Wai 27 claim made by Tariana Nilsen on behalf of the Incorporation concerning Wairaurahiri land:
b: the Wai 158 claim made by Robert Kenneth McAnergney as a member of the Murihiku negotiating team and others.
2: Despite any other enactment or rule of law, no court or tribunal has jurisdiction to inquire or further inquire into or to make any finding or recommendation in respect of any claim made to the Waitangi Tribunal by the Incorporation or by any owner, whether before or after the coming into force of this Act, if the claim is the same as, or similar in substance to, any of those parts of the claims made to that Tribunal referred to in paragraph (a) or paragraph (b) of subsection (1) that are attributable to the Incorporation.
14: Waitutu Block not rateable
The Waitutu Block is not rateable under the Local Government (Rating) Act 2002 Section 14 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002
15: Validity of deed of settlement and deed of covenant
Despite any other enactment or rule of law, the deed of settlement and the deed of covenant are deemed to be and to have always been valid and effective according to their terms.
16: Deed of settlement varied
The deed of settlement is varied, with effect on and from the date of the deed of settlement, by omitting clause 6, and substituting the following clause:
6.: In consideration for the Incorporation forbearing any right to cut, remove, and sell timber from the Waitutu Block, and as compensation for costs, the Crown shall pay or transfer to the Incorporation the monies and other rights set out in the Fourth Schedule.
17: Validity of certain actions of the Crown and Incorporation prior to commencement of this Act
Despite any other enactment or rule of law, anything done by the Crown or the Incorporation before the coming into force of this Act that would, if this Act had then been in force, have been lawful, is deemed to be and to have always been lawful.
18: Amendment to Conservation Act 1987
Amendment(s) incorporated in the Act(s)