Te Atiawa Claims Settlement Act 2016

1: Title
This Act is the Te Atiawa Claims Settlement Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Te Atiawa in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Te Atiawa.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date; or
b: a power to be exercised under the provision on that date; or
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: This Part—
a: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Te Atiawa, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Te Atiawa and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for—
i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: a consequential amendment to the Treaty of Waitangi Act 1975
iii: the effect of the settlement on certain memorials; and
iv: the exclusion of the limit on the duration of a trust
v: access to the deed of settlement.
3: Part 2
a: cultural redress that does not involve the vesting of land, namely,—
i: protocols for conservation, fisheries, and taonga tūturu on the terms set out in the documents schedule; and
ii: a statutory acknowledgement by the Crown of the statements made by Te Atiawa of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for the specified areas; and
iii: an overlay classification applying to specified areas of land; and
iv: the provision of official geographic names; and
b: cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and
c: provision for the iwi of Taranaki to participate in certain processes of the Taranaki Regional Council.
4: Part 3
a: the transfer of deferred selection properties; and
b: a right of first refusal over exclusive RFR land and non-exclusive RFR land.
5: Part 4
6: There are 4 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4 Section 6(2)﻿(g)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical account, acknowledgements, and apology of the Crown
7: Summary of historical account, acknowledgements, and apology
1: Section 8
2: Sections 9 10
3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Summary of historical account
1: From 1840, Te Atiawa came under significant pressure to sell their land. In the 1840s and 1850s, Crown agents sought to purchase Te Atiawa land despite being aware of disagreement among Māori over land sales. By the mid 1850s, Crown purchasing had contributed to enmity and fighting within Te Atiawa, resulting in the loss of life of some Te Atiawa people. In 1860, the Crown deemed resistance to the survey of the Pekapeka block at Waitara, led by the Te Atiawa rangatira Wiremu Kingi Te Rangitake, to be an act of rebellion and commenced hostilities against him and his followers. A peace agreement was negotiated after a year of fighting.
2: Conflict resumed in 1863, and over the following 2 years a number of engagements were fought in the Te Atiawa rohe, resulting in the destruction of property and the loss of life. In 1865, the Crown proclaimed 1.2 million acres of Taranaki land confiscated, including all of the Te Atiawa rohe. The confiscations were indiscriminate in that they deprived both loyal rebel
3: In 1866, the Compensation Court began the process by which confiscated land would be returned to loyal
4: By the late 1870s, many Te Atiawa people were supporting Te Whiti o Rongomai and Tohu Kakahi and the movement for Māori peace and independence that they had established at Parihaka in central Taranaki. Between 1879 and 1880, many Te Atiawa people participating in campaigns of peaceful resistance initiated at Parihaka were arrested and exiled to South Island prisons, where they were detained in harsh conditions without trial. Some Te Atiawa people who were arrested did receive trials but were then detained beyond the terms of their court-imposed sentences. Some died while in prison. In November 1881, Te Atiawa people were displaced from Parihaka after more than 1 500 Crown troops invaded and dismantled the settlement.
5: In the early 1880s, the West Coast Commissions investigated Māori grievances, including the failure to implement compensation awards, and returned a limited amount of land to Te Atiawa. However, virtually all of the land granted to Te Atiawa was under non-customary individualised title, and much of it was rough or inaccessible. In addition, the reserves were not returned to Te Atiawa outright, but were placed under the control of the Public Trustee, who then sold or leased in perpetuity large areas to European farmers. In 1963, the titles of all remaining Taranaki reserves were amalgamated, leaving owners without specific interests in customary land. Today, less than 5 percent of the area that was reserved for Māori is in Māori freehold ownership.
6: During the twentieth century, Crown efforts to address Taranaki Māori grievances failed to do so. Some were limited in their scope, and others provided for compensation payments that were not discussed with Te Atiawa and other Taranaki Māori. The Taranaki Maori Claims Settlement Act 1944 stated that the sums were a full settlement of claims relating to the confiscations and Parihaka. There is no evidence that Te Atiawa or other iwi agreed to this.
7: Te Atiawa has also experienced significant distress at the degradation of their environment, including the loss of indigenous plants and animals, and the pollution of waterways and important offshore fishing reefs.
9: Acknowledgements
1: The Crown acknowledges that despite previous efforts made in the twentieth century, it has failed to deal in an appropriate way with the grievances of Te Atiawa, and that the recognition of these grievances is long overdue. The Crown hereby recognises the legitimacy of the historical grievances of Te Atiawa and makes the following acknowledgements.
2: The Crown acknowledges that by the early 1850s, Te Atiawa people were participating successfully in the emerging Taranaki trading economy.
3: The Crown acknowledges that—
a: it carried out purchases in the Te Atiawa rohe despite being aware of significant disagreement among Māori over those sales; and
b: its purchasing contributed to discord, enmity, and fighting within hapū of Te Atiawa, resulting in the loss of life; and
c: the cumulative effect of the Crown’s actions in continuing to purchase land in Taranaki created tensions that eventually led to the outbreak of war between the Crown and Māori in Taranaki; and
d: Te Atiawa suffered loss of life and the destruction of homes, property, and cultivations during the Taranaki wars; and
e: the Taranaki wars constituted an injustice and were in breach of the Treaty of Waitangi and its principles.
4: The Crown acknowledges that—
a: it unfairly treated Te Atiawa as being in rebellion; and
b: the confiscations of 1865 were indiscriminate in extent and application and had a devastating effect on the welfare, economy, culture, and social development of Te Atiawa; and
c: as a result of the confiscations, Te Atiawa were deprived of access to their wāhi tapu and sites of ancestral significance, traditional sources of food, and other resources on that land; and
d: the confiscations were wrongful and unjust, and were in breach of the Treaty of Waitangi and its principles.
5: The Crown acknowledges that the prejudicial effects of the confiscations were compounded by the inadequacies in the Compensation Court process, including long delays in the promised return of land to Te Atiawa individuals. These delays left many Māori, including Te Atiawa, uncertain about the status of their lands and without security about where they were to live.
6: The Crown acknowledges that—
a: it imprisoned members of Te Atiawa and other Māori of Taranaki for their participation in the peaceful resistance campaign initiated at Parihaka in 1879 and 1880; and
b: it promoted legislation that suspended the ordinary course of law
i: most prisoners, including many Te Atiawa people, were detained without trial; and
ii: some of those Te Atiawa prisoners who did receive trials were detained beyond the expiration of their court-imposed sentences; and
c: the ongoing detention of these Te Atiawa prisoners assumed the character of an indefinite detention; and
d: the imprisonment of Taranaki Māori in South Island gaols for political reasons inflicted unwarranted hardships on them and their whānau and hapū; and
e: the treatment of these political prisoners—
i: was wrongful, a breach of natural justice, and deprived them of basic human rights; and
ii: was a breach of the Treaty of Waitangi and its principles.
7: The Crown acknowledges that—
a: large numbers of Te Atiawa people were residing at Parihaka when it invaded the settlement in 1881; and
b: it inflicted serious damage on the prosperous Māori village of Parihaka and the people residing there, forcibly dispersed many of the inhabitants, and assaulted the human rights of the people; and
c: these actions caused great distress and were a complete denial of the Māori right to develop and sustain autonomous communities in a peaceful manner; and
d: its treatment of Te Atiawa people at Parihaka was unconscionable and unjust and that these actions constituted a breach of the Treaty of Waitangi and its principles.
8: The Crown acknowledges that—
a: the West Coast Commissions were inadequate in their scope and therefore did not fully address the injustices perpetrated by the confiscations; and
b: the reserves created for Te Atiawa by the second West Coast Commission in the 1880s were—
i: virtually all returned under uncustomary individualised title; and
ii: mainly situated in rough inaccessible bush; and
iii: insufficient for the present and future needs of Te Atiawa.
9: The Crown acknowledges that its actions with respect to the West Coast Settlement Reserves, considered cumulatively, including the imposition of a regime of perpetually renewable leases and the sale of large quantities of land by the Public Trustee and Māori Trustee,—
a: ultimately deprived Te Atiawa of the control and ownership of the lands reserved for them in Taranaki; and
b: were in breach of the Treaty of Waitangi and its principles.
10: The Crown acknowledges that the lands and other resources confiscated from Te Atiawa have made a significant contribution to the wealth and development of New Zealand.
11: The Crown acknowledges that its nationalisation of petroleum resources in New Zealand in 1937 caused a great sense of grievance within Te Atiawa that is still held today.
12: The Crown acknowledges that the people of Te Atiawa have experienced significant distress at the degradation of their environment, including the loss or displacement of indigenous plants and animals, and the pollution of waterways and important offshore fishing reefs.
13: The Crown recognises the efforts and struggles of Te Atiawa in pursuit of their claims for redress and compensation against the Crown for 140 years.
14: The Crown acknowledges that its breaches of the Treaty of Waitangi and its principles during the nineteenth and twentieth centuries have together significantly undermined the traditional systems of authority and economic capacity of Te Atiawa, and the physical, cultural, and spiritual well-being of its people. The Crown acknowledges that it has failed to protect the rangatiratanga of Te Atiawa, in breach of its obligations under Article Two of the Treaty of Waitangi.
10: Apology
The text of the apology offered by the Crown to Te Atiawa, as set out in the deed of settlement, is as follows:
“(a): The Crown offers the following apology to the tupuna, the descendants, the hapu, and the whanau of Te Atiawa.
b: The Crown regrets its actions which caused enmity and fighting among Te Atiawa, and which ultimately led to war between Taranaki Maori and the Crown. The Crown unreservedly apologises for its actions during the Taranaki Wars which resulted in the destruction of Te Atiawa property, hardship, and the loss of life of your people.
c: The Crown is sorry for the immense prejudice it caused by confiscating the lands of Te Atiawa. The raupatu was indiscriminate, unjust, and unconscionable. The Crown deeply regrets the damage this caused to the economy and society of Te Atiawa.
d: The Crown profoundly regrets its unjust treatment of those Te Atiawa people it imprisoned for taking part in campaigns of peaceful resistance. The Crown sincerely apologises to those tupuna it exiled hundreds of kilometres from their homes, to the whanau who grieved in their absence, to their descendants, and to Te Atiawa.
e: The Crown deeply regrets and unreservedly apologises for its unconscionable actions at Parihaka, and for the damage those actions caused to the community and to those Te Atiawa people who resided there.
f: The Crown is remorseful that its failure to uphold the Treaty of Waitangi has undermined the social structures, autonomy, culture, and well-being of Te Atiawa. The Crown solemnly apologises to Te Atiawa for all its breaches of the Treaty of Waitangi and its principles.
g: Through this settlement and this apology, the Crown hopes to relieve the burden of grievance that Te Atiawa has carried for so many years, and to assist the process of healing. The Crown looks forward to building a relationship of mutual trust and co-operation with Te Atiawa based on respect for the Treaty of Waitangi and its principles.” Interpretation provisions
11: 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.
12: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Commissioner of Crown Lands section 24AA computer register
a: has the meaning given in section 4
b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) cultural redress property section 62 deed of recognition
a: means a deed of recognition issued under section 38
i: the Minister of Conservation and the Director-General; or
ii: the Commissioner of Crown Lands; and
b: includes any amendments made under section 38(4) deed of settlement
a: means the deed of settlement dated 9 August 2014 and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and
ii: Wikitoria Keenan, Maria Maraea Kingi, Keith Raymond Holswich, and Peter Moeahu, for and on behalf of Te Atiawa; and
iii: Kura Ann Denness, Liana Huia Poutu, Tanya Kim Skelton, and Andrea Moana Williams, being the trustees of Te Kotahitanga o Te Atiawa; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deferred selection property section 80 Director-General documents schedule effective date exclusive RFR land section 86 freshwater fisheries management plan section 2(1) historical claims section 14 interest LINZ local authority section 5(1) member of Te Atiawa section 13(1)﻿(a) Ngā Motu section 62 national park management plan management plan section 2 non-exclusive RFR land section 86 overlay classification section 43 property redress schedule regional council section 2(1) Registrar-General section 4 representative entity
a: the trustees; and
b: any person, including any trustee, acting for or on behalf of—
i: the collective group referred to in section 13(1)﻿(a)
ii: 1 or more members of Te Atiawa; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)﻿(c) reserve section 2(1) resource consent section 2(1) RFR subpart 2 RFR land section 87 settlement date statutory acknowledgement section 29 Te Kāhui o Taranaki Te Kotahitanga o Te Atiawa Trust tikanga trustees of Te Kāhui o Taranaki trustees of Te Kotahitanga o Te Atiawa Trust trustees working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Taranaki and Wellington. Section 12 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
13: Meaning of Te Atiawa
1: In this Act, Te Atiawa
a: means the collective group composed of individuals who are descended from 1 or more Te Atiawa tupuna; and
b: includes those individuals; and
c: includes every whānau, hapū, or group to the extent that it is composed of those individuals, including the following groups:
i: Manukorihi:
ii: Ngati Rahiri:
iii: Ngati Tawhirikura:
iv: Ngati Tuparikino:
v: Ngati te Whiti:
vi: Otaraua:
vii: Pukerangiora:
viii: Puketapu.
2: In this section and section 14 area of interest customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with Te Atiawa tikanga Te Atiawa tupuna
a: exercised customary rights by virtue of being descended from—
i: Te Awanui-a-Rangi; or
ii: a recognised tupuna of a group listed in subsection (1)﻿(c)﻿(i) to (viii); and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840.
14: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2); and
b: includes the claims described in subsection (3); but
c: does not include the claims described in subsection (4).
2: The historical claims are every claim that Te Atiawa or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from the Treaty of Waitangi or its principles; or
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by or on behalf of the Crown; or
ii: by or under legislation.
3: The historical claims include—
a: a claim to the Waitangi Tribunal that relates exclusively to Te Atiawa or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
i: Wai 133 (Kaipakopako Lands claim):
ii: Wai 141 (Te Atiawa claim):
iii: Wai 576 (Rawiri Te Ngaere Descendants and Jesse Kingi whānau Trust claim):
iv: Wai 771 (Nga Motu Lands, Fisheries, Foreshore and Seabed claim):
v: Wai 871 (Ngati Rahiri Petroleum claim); and
b: every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Te Atiawa or a representative entity:
i: Wai 54 (Nga Iwi o Taranaki claim):
ii: Wai 126 (Motunui Plant and Petrocorp claim):
iii: Wai 131 (Taranaki Maori Trust Board claim) (Hamiora Raumati and others):
iv: Wai 143 (Taranaki claims) (Taranaki Consolidated Claims):
v: Wai 667 (Manutahi Block claim):
vi: Wai 796 (Petroleum claim).
4: However, the historical claims do not include—
a: a claim that a member of Te Atiawa, or a whānau, hapū, or group referred to in section 13(1)﻿(c)
b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed
15: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the deed of settlement.
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act. Amendment to Treaty of Waitangi Act 1975
16: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Te Atiawa Claims Settlement Act 2016, section 15(4) and (5) 2016-12-06 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to a cultural redress property; or
b: to a deferred selection property on and from the date of its transfer to the trustees; or
c: to the exclusive RFR land; or
d: to land in the non-exclusive RFR area; or
e: for the benefit of Te Atiawa or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ Section 17(2)﻿(b) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Resumptive memorials to be cancelled
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that is subject to a resumptive memorial recorded under an enactment listed in section 17(2)
a: is all or part of—
i: a cultural redress property:
ii: a deferred selection property:
iii: the exclusive RFR land; or
b: is solely within the non-exclusive RFR area.
2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
a: the settlement date, for a cultural redress property, the exclusive RFR land, or the land within the non-exclusive RFR area; or
b: the date of transfer of the property to the trustees, for a deferred selection property.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each computer register identified in the certificate; and
b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters
19: Limit on duration of trusts does not apply
1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16
a: do not prescribe or restrict the period during which—
i: Te Kotahitanga o Te Atiawa Trust may exist in law; or
ii: the trustees may hold or deal with property or income derived from property; and
b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if Te Kotahitanga o Te Atiawa Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019
20: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
21: Provisions that have same effect
If a provision in this Act has the same effect as a provision in another Act, the provisions must be given effect to only once, as if they were 1 provision.
2: Cultural redress
1: Protocols
22: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 23(1)﻿(a)
i: the conservation protocol:
ii: the fisheries protocol:
iii: the taonga tūturu protocol; and
b: includes any amendments made under section 23(1)﻿(b) responsible Minister
a: for the conservation protocol, the Minister of Conservation:
b: for the fisheries protocol, the Minister for Primary Industries:
c: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
d: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions in relation to the protocol. General provisions applying to protocols
23: Issuing, amending, and cancelling protocols
1: Each responsible Minister—
a: must issue a protocol to the trustees on the terms set out in part 4 of the documents schedule; and
b: may amend or cancel that protocol.
2: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
24: Protocols subject to rights, functions, and duties
Protocols do not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a department of State; or
c: the legal rights of Te Atiawa or a representative entity.
25: Enforcement of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Conservation
26: Conservation protocol
1: The Director-General must note a summary of the terms of the conservation protocol in any conservation management strategy, conservation management plan, freshwater fisheries management plan, or national park management plan that affects the conservation protocol area.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a strategy or plan for the purposes of section 17I section 46
3: The conservation protocol does not have the effect of granting, creating, or providing evidence of—
a: rights relating to the common marine and coastal area; or
b: an estate or interest in land held, managed, or administered under the conservation legislation; or
c: an interest in, or rights relating to, flora or fauna managed or administered under the conservation legislation.
4: In this section,— common marine and coastal area section 9(1) conservation protocol area Fisheries
27: Fisheries protocol
1: The chief executive of the department of State responsible for the administration of the Fisheries Act 1996 must note a summary of the terms of the fisheries protocol in any fisheries plan that affects the fisheries protocol area.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Maori Commercial Aquaculture Claims Settlement Act 2004
c: the Maori Fisheries Act 2004
d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4: In this section,— fisheries plan section 11A fisheries protocol area Taonga tūturu
28: Taonga tūturu protocol
1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: In this section, taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1)
2: Statutory acknowledgement and deeds of recognition
29: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Te Atiawa of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 2 of the documents schedule statutory acknowledgement section 30 statutory area Schedule 1 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA
b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement
30: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
31: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 32 to 34
b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 35 and 36
c: to enable the trustees and any member of Te Atiawa to cite the statutory acknowledgement as evidence of the association of Te Atiawa with a statutory area, in accordance with section 37
32: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
33: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274
3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991
34: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: This section applies to an application made under section 44 56 61
2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62
3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
a: in determining whether the trustees are persons directly affected by the decision; and
b: in determining, under section 59(1) 64(1)
4: In this section, archaeological site section 6
35: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include—
a: a copy of sections 30 to 34 36 37
b: descriptions of the statutory areas wholly or partly covered by the plan; and
c: the statement of association for each statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
36: Provision of summary or notice to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: A summary provided under subsection (1)﻿(a) must be the same as would be given to an affected person by limited notification under section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)﻿(b) not later than 10 working days after the day on which the consent authority receives the notice.
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
37: Use of statutory acknowledgement
1: The trustees and any member of Te Atiawa may, as evidence of the association of Te Atiawa with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga; or
d: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1); or
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Te Atiawa are precluded from stating that Te Atiawa has an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made. Deeds of recognition
38: Issuing and amending deeds of recognition
1: This section applies in respect of the statutory areas listed in Part 2
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 3 of the documents schedule for the statutory areas administered by the Department of Conservation.
3: The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 3 of the documents schedule for the statutory areas administered by the Commissioner.
4: The person or persons who issue a deed of recognition may amend the deed, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deeds of recognition
39: Application of statutory acknowledgement and deed of recognition to river or stream
1: If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: an artificial watercourse.
2: If any part of a deed of recognition applies to a river or stream, including a tributary, that part of the deed—
a: applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; and
b: does not apply to—
i: a part of the bed of the river or stream that is not owned and managed by the Crown; or
ii: the bed of an artificial watercourse.
40: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Te Atiawa with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to—
a: the other provisions of this subpart; and
b: any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition.
41: Rights not affected
1: The statutory acknowledgement and a deed of recognition—
a: do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and
b: do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991
42: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Te Atiawa Claims Settlement Act 2016 2016-12-06 Resource Management Act 1991
3: Overlay classification
43: Interpretation
In this subpart,— Conservation Board section 6L New Zealand Conservation Authority section 6A overlay area
a: means an area that is declared under section 44(1)
b: does not include an area that is declared under section 55(1) overlay classification protection principles
a: means the principles agreed by the trustees and the Minister of Conservation, as set out for the area in part 1 of the documents schedule; and
b: includes any principles as they are amended by the written agreement of the trustees and the Minister of Conservation specified actions statement of values
a: made by Te Atiawa of their values relating to their cultural, historical, spiritual, and traditional association with the overlay area; and
b: set out in part 1 of the documents schedule.
44: Declaration of overlay classification and the Crown's acknowledgement
1: Each area described in Schedule 2
2: The Crown acknowledges the statements of values for the overlay areas.
45: Purposes of overlay classification
The only purposes of the overlay classification are—
a: to require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 47
b: to enable the taking of action under sections 48 to 53
46: Effect of protection principles
The protection principles are intended to prevent the values stated in the statement of values for an overlay area from being harmed or diminished.
47: Obligations on New Zealand Conservation Authority and Conservation Boards
1: When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to an overlay area, the Authority or Board must have particular regard to—
a: the statement of values for the area; and
b: the protection principles for the area.
2: Before approving a strategy or plan that relates to an overlay area, the New Zealand Conservation Authority or a Conservation Board must—
a: consult the trustees; and
b: have particular regard to the views of the trustees as to the effect of the strategy or plan on—
i: any matters in the implementation of the statement of values for the area; and
ii: any matters in the implementation of the protection principles for the area.
3: If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to an overlay area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
48: Noting of overlay classification in strategies and plans
1: The application of the overlay classification to an overlay area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.
2: The noting of the overlay classification is—
a: for the purpose of public notice only; and
b: not an amendment to the strategy or plan for the purposes of section 17I section 46
49: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration made by section 44
b: the protection principles for each overlay area.
2: An amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette
3: The Director-General may notify in the Gazette section 50 51
50: Actions by Director-General
1: The Director-General must take action in relation to the protection principles that relate to an overlay area, including the specified actions.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the trustees in writing of any action intended to be taken.
51: Amendment to strategies or plans
1: The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to an overlay area.
2: The Director-General must consult relevant Conservation Boards before initiating the amendment.
3: The amendment is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
52: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 51(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to an overlay area:
c: to create offences for breaches of regulations made under paragraph (b):
d: to prescribe the following fines for an offence referred to in paragraph (c):
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 52(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
53: Bylaws
1: The Minister of Conservation may make bylaws for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 51(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to an overlay area:
c: to create offences for breaches of bylaws made under paragraph (b):
d: to prescribe the following fines for an offence referred to in paragraph (c):
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 53(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Effect of overlay classification on overlay areas
1: This section applies if, at any time, the overlay classification applies to any land in—
a: a national park under the National Parks Act 1980
b: a conservation area under the Conservation Act 1987
c: a reserve under the Reserves Act 1977
2: The overlay classification does not affect—
a: the status of the land as a national park, conservation area, or reserve; or
b: the classification or purpose of a reserve.
55: Termination of overlay classification
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of an overlay area is no longer subject to the overlay classification.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or
b: the relevant area is to be, or has been, disposed of by the Crown; or
c: the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
3: The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if—
a: subsection (2)﻿(c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the overlay area.
4: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 55(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
56: Exercise of powers and performance of functions and duties
1: The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for an overlay area than that person would give if the area were not subject to the overlay classification.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to the other provisions of this subpart.
57: Rights not affected
1: The overlay classification does not—
a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay area.
2: This section is subject to the other provisions of this subpart.
4: Official geographic names
58: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4
59: Official geographic names
1: A name specified in the second column of the table in clause 5.22 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19
60: Publication of official geographic names
1: The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) section 59
2: The notice must state that each official geographic name became an official geographic name on the settlement date.
61: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under this subpart, the Board—
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3)
5: Vesting of cultural redress properties
62: Interpretation
In this subpart,— cultural redress property Schedule 3 Property vested in fee simple
a: Taumata: Properties jointly vested in fee simple
b: Ngā Motu, which comprise—
i: as 1 property, Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock):
ii: as 1 property, Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock):
iii: as 1 property, Koruanga / Motukuku and Tokatapu. Property vested in fee simple
63: Taumata
1: This section takes effect only if an unconditional agreement for sale and purchase between the Crown and the registered proprietor of computer freehold register TNG2/1258 that relates to Sections 1 and 2 SO 483482 exists on settlement date.
2: The reservation of Sections 1 and 3 SO 483482 as a historic reserve subject to the Reserves Act 1977
3: The road shown as Section 4 SO 483482 is stopped and vests in the Crown as Crown land subject to the Land Act 1948
4: Section 2 SO 483482 vests in the Crown as Crown land subject to the Land Act 1948
5: The fee simple estate in Section 1 SO 483482 vests in the registered proprietors of computer freehold register TNG2/1258.
6: As soon as practicable after an order is produced for a computer freehold register, the Registrar-General must create, in the name of the registered proprietors of computer freehold register TNG2/1258, 1 computer freehold register for—
a: the fee simple estate in Section 1 SO 483482; and
b: the balance of the land in computer freehold register TNG2/1258 (after the vesting by subsection (4)).
7: The fee simple estate in Taumata (which includes an area that forms part of Taumata Historic Reserve) vests in the trustees.
8: Subsections (1) to (7) do not take effect until the trustees have provided the Crown with a registrable easement in gross for a right to locate, access, and maintain monuments on the terms and conditions set out in part 7 of the documents schedule.
9: Section 72(3)
10: For the purposes of subsection (7), the legal description for Taumata is set out in Part 1
11: Sections 70(1) 71(1) 72(1) and (4)
64: Vesting and alternative description for Taumata in specified circumstances
1: This section takes effect only if the unconditional agreement for sale and purchase referred to in section 63(1)
2: The reservation of Section 3 SO 483482 as a historic reserve subject to the Reserves Act 1977
3: The road shown as Section 4 SO 483482 is stopped and vests in the Crown as Crown land subject to the Land Act 1948
4: The fee simple estate in Taumata (which includes an area that forms part of Taumata Historic Reserve) vests in the trustees.
5: Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable easement in gross for a right to locate, access, and maintain monuments on the terms and conditions set out in part 7 of the documents schedule.
6: For the purposes of subsection (4), the legal description for Taumata is set out in Part 2 Ngā Motu: properties jointly vested in fee simple
65: Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock)
1: The Paritutu Centennial Park Act 1968
2: The declaration of Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock) as wildlife refuges under section 14
3: Section 7(1) and (3)
4: Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock) vest in the Crown as Crown land subject to the Land Act 1948
5: The fee simple estate in Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock) vests as undivided half shares in the following as tenants in common:
a: a share vests in the trustees; and
b: a share vests in the trustees to be held in trust for the trustees of Te Kāhui o Taranaki.
6: Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock)—
a: are wildlife refuges subject to section 14
b: are subject to section 7(1) and (3)
7: Despite the vesting of Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock) by subsection (5) or any subsequent transfer of them,—
a: Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock) continue to be managed by the Department of Conservation—
i: as if they were held by the Crown as a conservation area under the Conservation Act 1987
ii: in accordance with the Sugar Loaf Islands Marine Protected Area Act 1991
b: any interests in land that affect Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock) must be dealt with for the purposes of registration as if the Crown were the registered proprietor of Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock).
66: Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock)
1: The Harbour Boards Dry Land Endowment Revesting Act 1991 section 7(1) and (2)
2: Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock) vest in the Crown as Crown land under the Land Act 1948
3: The fee simple estate in Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock) vests as undivided half shares in the following as tenants in common:
a: a share vests in the trustees; and
b: a share vests in the trustees to be held in trust for the trustees of Te Kāhui o Taranaki.
4: Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock) are subject to section 7(1) and (2)
5: Despite the vesting of Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock) by subsection (3) or any subsequent transfer of them,—
a: Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock) continue to be managed by the Department of Conservation—
i: as if they were held by the Crown as a conservation area under the Conservation Act 1987
ii: in accordance with the Sugar Loaf Islands Marine Protected Area Act 1991
b: any interests in land that affect Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock) must be dealt with for the purposes of registration as if the Crown were the registered proprietor of Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock).
67: Koruanga / Motukuku and Tokatapu
1: The Harbour Boards Dry Land Endowment Revesting Act 1991 section 7(1) and (3)
2: Koruanga / Motukuku and Tokatapu vest in the Crown as Crown land subject to the Land Act 1948
3: The fee simple estate in Koruanga / Motukuku and Tokatapu vests as undivided half shares in the following as tenants in common:
a: a share vests in the trustees; and
b: a share vests in the trustees to be held in trust for the trustees of Te Kāhui o Taranaki.
4: Koruanga / Motukuku and Tokatapu are subject to section 7(1) and (3)
5: Despite the vesting of Koruanga / Motukuku and Tokatapu by subsection (3) or any subsequent transfer of them,—
a: Koruanga / Motukuku and Tokatapu continue to be managed by the Department of Conservation—
i: as if they were held by the Crown as a conservation area under the Conservation Act 1987
ii: in accordance with the Sugar Loaf Islands Marine Protected Area Act 1991
b: any interests in land that affect Koruanga / Motukuku and Tokatapu must be dealt with for the purposes of registration as if the Crown were the registered proprietor of Koruanga / Motukuku and Tokatapu. General provisions applying to vesting of cultural redress properties
68: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 3
69: Registration of ownership
1: This section applies to the cultural redress properties vested in the trustees under this subpart. Taumata
2: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in Taumata in the name of the trustees; and
b: record on the computer freehold register any interests that are registered, notified, or registrable and that are described in the application. Ngā Motu
3: For each Ngā Motu property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for an undivided half share of the fee simple estate in each Ngā Motu property in the names of the trustees; and
b: create a computer freehold register for an undivided half share of the fee simple estate in each Ngā Motu property in the names of the trustees, to be held in trust for the trustees of Te Kāhui o Taranaki; and
c: record on each computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
4: Subsections (2) and (3) are subject to the completion of any survey necessary to create a computer freehold register. General requirements
5: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the Crown and the trustees (and the trustees of Te Kāhui o Taranaki, in the case of a Ngā Motu property).
6: In this section, authorised person
70: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: If a Ngā Motu property ceases to be a conservation area under this subpart, the vesting of the property is no longer exempt from section 24
4: Subsections (2) and (3) do not limit subsection (1).
71: Matters to be recorded on computer freehold register
Taumata
1: For Taumata, the Registrar-General must record on the computer freehold register that the land is subject to Part 4A Ngā Motu
2: For the Ngā Motu properties, the Registrar-General must record on each computer freehold register created under section 69(3)﻿(a) and (b)
a: that the land is subject to Part 4A section 24
b: that the land is subject to sections 70(3) and 74
3: In addition to the notifications required by subsection (2), the Registrar-General must make further notifications as follows:
a: for Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock), that the land is subject to section 65(7)﻿(b)
b: for Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock), that the land is subject to section 66(5)﻿(b)
c: for Koruanga / Motukuku and Tokatapu, that the land is subject to section 67(5)﻿(b)
d: on each computer freehold register created under section 69(3)﻿(b)
4: If, in relation to a Ngā Motu property, the conservation status of the property ceases—
a: for all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register created for that property under section 69(3)﻿(a) and (b)
i: section 24
ii: the property is subject to sections 70(3) 74
b: for part of the property, the Registrar-General must ensure that, on any computer freehold register created under section 69(3)﻿(a) and (b)
5: The Registrar-General must comply with an application received in accordance with subsection (4)﻿(a).
6: The notifications required by subsections (1) and (2), that land is subject to Part 4A section 24D(1)
72: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
73: Names of Crown protected areas discontinued
1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.
2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4
74: Subsequent transfer of Ngā Motu
The registered proprietors of a Ngā Motu property may transfer the fee simple estate in the property only if—
a: the transferors of the property are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the property is accompanied by a certificate given by the transferees, or the transferees' solicitor, verifying that paragraphs (a) and (b) apply.
6: Taranaki Regional Council representation
75: Interpretation
In this subpart,— arrangements committee
a: the committee responsible for policy and planning functions:
b: the committee responsible for regulatory functions Council criteria and process for iwi appointments iwi of Taranaki
a: Ngāti Tama; and
b: Ngāti Mutunga; and
c: Ngāti Ruanui; and
d: Ngā Rauru Kītahi; and
e: Taranaki Iwi; and
f: Ngāti Maru; and
g: Ngāruahine; and
h: Te Atiawa.
76: Purpose and objectives
1: The purpose of this subpart is to provide an effective mechanism for the iwi of Taranaki to contribute to the decision-making processes of the Council.
2: The objectives of this subpart are to encourage and enable the iwi of Taranaki—
a: to participate directly in the decision-making processes of the Council; and
b: to contribute directly to a wide range of the Council’s policy, regulatory, and advocacy functions; and
c: to have an effective and workable representation that is cost-effective for the Council and of benefit to both the Council and the iwi of Taranaki.
77: Iwi representation on committee
1: The iwi of Taranaki may nominate—
a: 3 iwi members for appointment to the committee of the Council that is responsible for policy and planning functions; and
b: 3 iwi members for appointment to the committee of the Council that is responsible for regulatory functions.
2: The nominations must be made in accordance with the criteria and process for iwi appointments.
3: The Council must appoint the members nominated under subsection (1) to the appropriate committee.
4: The members appointed under subsection (3)—
a: have the same status as members appointed by the Council under clause 31
b: are entitled to the same remuneration and expenses as are payable to the other members of the committee to which they are appointed.
78: Members to act in interests of committee
Committee members who are appointed under section 77(3)
79: Change in committee structure
1: This subpart does not prevent the Council from adopting a different structure for a committee, including a structure that may result in a committee being discontinued, or some or all of the functions of a committee being removed, modified, or carried out by a new or an existing committee.
2: However,—
a: before making any change to the structure of a committee, the Council must consult the iwi of Taranaki; and
b: the Council must ensure that any changes to the structure of a committee do not diminish the nature of the representation of the iwi of Taranaki that is set out in the deed of settlement.
3: Any dispute about the effect of a change to the structure of a committee on the representation of the iwi of Taranaki must be referred to—
a: the chief executive of Te Kotahitanga o Te Atiawa Trust; and
b: the chief executive of the governance entity for any of the other iwi of Taranaki that are participating in the arrangements; and
c: the chief executive of the Council.
4: The chief executives must work towards the resolution of the dispute in a manner that reflects the purpose and objectives set out in section 76
3: Commercial redress
80: Interpretation
In subparts 1 and 2 deferred selection property land holding agency
1: Transfer of deferred selection properties
81: The Crown may transfer properties
1: To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised—
a: to transfer the fee simple estate in a deferred selection property to the trustees; and
b: to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
2: Subsection (3) applies to a deferred selection property that is subject to a resumptive memorial recorded under any enactment listed in section 17(2)
3: As soon as is reasonably practicable after the date on which a deferred selection property is transferred to the trustees, the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18
82: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a deferred selection property.
2: Any such easement is—
a: enforceable in accordance with its terms, despite Part 3B
b: to be treated as having been granted in accordance with Part 3B
c: registrable under section 17ZA(2)
83: Computer freehold registers for deferred selection properties
1: This section applies to a deferred selection property that is to be transferred to the trustees under section 81
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a computer freehold register; or
b: there is no computer freehold register for all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
4: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
5: In this section and section 84 authorised person
84: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of section 83
2: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and
b: the Registrar-General must comply with the request.
85: Application of other enactments
1: This section applies to the transfer to the trustees of the fee simple estate in a deferred selection property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
6: In exercising the powers conferred by section 81
7: Subsection (6) is subject to subsections (2) and (3).
2: Right of first refusal over RFR land
Interpretation
86: Interpretation
In this subpart and Schedule 4 control
a: for a company, control of the composition of its board of directors; and
b: for any other body, control of the composition of the group that would be its board of directors if the body were a company Crown body
a: a Crown entity, as defined in section 7(1)
b: a State enterprise, as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of section 109
a: means—
i: to transfer or vest the fee simple estate in the land; or
ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
b: to avoid doubt, does not include—
i: to mortgage, or give a security interest in, the land; or
ii: to grant an easement over the land; or
iii: to consent to an assignment of a lease, or to a sublease, of the land; or
iv: to remove an improvement, a fixture, or a fitting from the land exclusive RFR land
a: vested in the Crown; or
b: held in fee simple by the Crown expiry date sections 90(2)﻿(a) 91 non-exclusive RFR area non-exclusive RFR land
a: vested in the Crown; or
b: held in fee simple by the Crown; or
c: a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 27 notice offer section 90 offer trust
a: for exclusive RFR land, Te Kotahitanga o Te Atiawa Trust:
b: for non-exclusive RFR land,—
i: Te Kotahitanga o Te Atiawa Trust; and
ii: Te Kāhui o Taranaki, if they are eligible to participate ( see section 88 public work section 2 recipient trust
a: for exclusive RFR land, Te Kotahitanga o Te Atiawa Trust:
b: for non-exclusive RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 93 related company section 2(3) RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 96(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the settlement date; or
ii: after the settlement date, under section 97(1) RFR period
a: for exclusive RFR land, the period of 172 years on and from the settlement date:
b: for non-exclusive RFR land, the period of 172 years on and from the settlement date subsidiary section 5 Taranaki Iwi
a: means the collective group composed of individuals who are descended from an ancestor of Taranaki Iwi; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals; and
d: includes hapū, to the extent that they are composed of those individuals, that no longer form distinct communities within Taranaki Iwi.
87: Meaning of RFR land
1: In this subpart, RFR land
a: exclusive RFR land; and
b: non-exclusive RFR land; and
c: any land obtained in exchange for a disposal of RFR land under section 101(1)﻿(c) 102
2: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under section 81 section 94
ii: any other person (including the Crown or a Crown body) under section 89(d)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 98 to 104
ii: under any matter referred to in section 105(1)
c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 114
d: the RFR period for the land ends.
88: Taranaki Iwi participation under this subpart
The trustees of Te Kāhui o Taranaki are eligible to participate as trustees of an offer trust in relation to non-exclusive RFR land, but only on and from the settlement date defined in the legislation that settles the historical claims of Taranaki Iwi. Restrictions on disposal of RFR land
89: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of—
a: under any of sections 95 to 104
b: under any matter referred to in section 105(1)
c: in accordance with a waiver or variation given under section 114
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust if the offer to the trustees of the offer trust was—
i: made in accordance with section 90
ii: made on terms that were the same as, or more favourable to the trustees of the offer trust than, the terms of the disposal to the person; and
iii: not withdrawn under section 92
iv: not accepted under section 93 Trustees right of first refusal
90: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be by notice to the trustees of 1 or both offer trusts, as the case requires.
2: The notice must include—
a: the terms of the offer, including its expiry date; and
b: the legal description of the land, including any interests affecting it, and the reference for any computer register for the land; and
c: a statement that identifies the RFR land as exclusive RFR land or non-exclusive RFR land; and
d: a street address for the land (if applicable); and
e: a street address, postal address, and fax number or electronic address for the trustees of an offer trust to give notices to the RFR landowner in relation to the offer.
91: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 working days after the date on which the trustees of 1 or both offer trusts receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which the trustees of 1 or both offer trusts receive notice of the offer if—
a: the trustees of the offer trust received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
3: For an offer of non-exclusive RFR land, if the RFR landowner has received notices of acceptance from the trustees of both offer trusts at the expiry date specified in the notice given under section 90(1) section 93(4)
92: Withdrawal of offer
The RFR landowner may, by notice to the trustees of 1 or both offer trusts, withdraw an offer at any time before it is accepted.
93: Acceptance of offer
1: The trustees of an offer trust may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less.
3: In the case of an offer of non-exclusive RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust.
4: In the case of an offer of non-exclusive RFR land, if the RFR landowner has received, at the expiry date specified in the notice of offer given under section 90
a: specifying the offer trusts from whose trustees acceptance notices have been received; and
b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the 20th working day after the day on which the RFR landowner's notice is received under this subsection.
94: Formation of contract
1: If the trustees of an offer trust accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and those trustees on the terms in the offer.
2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust.
3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee
4: The trustees of the recipient trust may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: the trustees of the recipient trust give notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If the trustees of the recipient trust nominate a nominee, the trustees of the recipient trust remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land
95: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 95(2) amended 1 August 2020 section 668 Education and Training Act 2020
96: Disposal of existing public works to local authorities
1: An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
97: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land
98: Disposal in accordance with obligations under enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
99: Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the settlement date; or
ii: was conditional before the settlement date but became unconditional on or after the settlement date; or
iii: arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or
b: the requirements, existing before the settlement date, of a gift, an endowment, or a trust relating to the land.
100: Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 34 43 44
c: section 355(3)
d: an Act that—
i: excludes the land from a national park within the meaning of the National Parks Act 1980
ii: authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977
101: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)﻿(a)
d: section 117(3)﻿(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Māori Land Court under section 134 section 41(1)﻿(e)
102: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
103: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
104: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the settlement date; or
ii: on or after the settlement date under a right of renewal in a lease granted before the settlement date; or
c: under section 93(4) RFR landowner obligations
105: RFR landowner’s obligations subject to other matters
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps, for the purposes of subsection (1)﻿(b)﻿(ii), do not include steps to promote the passing of an enactment. Notices about RFR land
106: Notice to LINZ of RFR land with computer register after settlement date
1: If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
2: If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
4: The notice must include the legal description of the land and the reference for the computer register.
107: Notice to trustees of offer trusts of disposal of RFR land to others
1: An RFR landowner must give the trustees of 1 or both offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee.
2: The notice must be given on or before the date that is 20 working days before the day of the disposal.
3: The notice must include—
a: the legal description of the land, including any interests affecting it; and
b: the reference for any computer register for the land; and
c: the street address for the land (if applicable); and
d: the name of the person to whom the land is being disposed of; and
e: an explanation of how the disposal complies with section 89
f: if the disposal is to be made under section 89(d)
108: Notice to LINZ of land ceasing to be RFR land
1: This section applies if land contained in a computer register is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under section 81 section 94
ii: any other person (including the Crown or a Crown body) under section 89(d)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 98 to 104
ii: under any matter referred to in section 105(1)
c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 114
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must include—
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land.
109: Notice to be given if disposal of non-exclusive RFR land being considered
1: This section applies if an RFR landowner is considering whether to dispose of non-exclusive RFR land in a way that may require an offer under this subpart.
2: The RFR landowner must give notice to the trustees of Te Kotahitanga o Te Atiawa Trust and to the trustees of Te Kāhui o Taranaki.
3: The notice must state that, if the landowner decides to dispose of the land, the landowner may be required to offer the land to the trustees of both offer trusts under this subpart.
4: The notice must be given immediately before the RFR landowner commences the processes under 1 of the following, as relevant:
a: section 52
b: section 23
c: section 40
d: any other enactment that regulates or applies to the disposal of the land.
5: The notice must—
a: specify the legal description of the relevant land; and
b: identify any computer register that contains that land; and
c: specify the street address for that land or, if it does not have a street address, include a description or a diagram with enough information to enable a person not familiar with the land to locate it.
6: To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
a: section 564(3) Education and Training Act 2020 sections 40 to 42 Education and Training Act 2020
b: sections 23(1) 24(4)
c: section 40
7: In this section, dispose of Section 109(6)﻿(a) amended 1 August 2020 section 668 Education and Training Act 2020
110: Notice requirements
Schedule 4
a: an RFR landowner; or
b: the trustees of an offer trust or trustees of a recipient trust. Right of first refusal recorded on computer registers
111: Right of first refusal to be recorded on computer registers for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,—
a: the RFR land for which there is a computer register on the settlement date; and
b: the RFR land for which a computer register is first created after the settlement date; and
c: land for which there is a computer register that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the settlement date, for RFR land for which there is a computer register on the settlement date; or
b: after receiving a notice under section 106
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees of 1 or both offer trusts as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 87
b: subject to this subpart (which restricts disposal, including leasing, of the land).
112: Removal of notifications when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 108
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land; and
d: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of 1 or both offer trusts as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notification recorded under section 111
113: Removal of notifications when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
a: the reference for each computer register for that RFR land that still has a notification recorded under section 111
b: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of 1 or both offer trusts as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 111 General provisions applying to right of first refusal
114: Waiver and variation
1: The trustees of 1 or both offer trusts may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
2: The trustees of 1 or both offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
115: Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
116: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if the RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional document; and
b: has given the notices required by subsection (2).
2: The RFR holder must give notices to each RFR landowner that—
a: state that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specify the date of the assignment; and
c: specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specify the street address, postal address, and fax number or electronic address for notices to the assignees.
3: This subpart and Schedule 4 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees of the relevant offer trust, with any necessary modifications.
4: In this section,— constitutional document RFR holder
a: they are the trustees of 1 or more offer trusts; or
b: they have previously been assigned those rights and obligations under this section.
3: Waitara endowment land
Subpart 3 repealed 17 March 2019 section 64(f) New Plymouth District Council (Waitara Lands) Act 2018
117: Waitara endowment land
New Plymouth District Council (Waitara Lands) Act Te Atiawa Claims Settlement Act 2016 This section is to be repealed on the same date that the Waitara Harbour Act 1940 and Waitara Borough Reserves Vesting Act 1909 are repealed. Those Acts are to be repealed by the New Plymouth District Council (Waitara Lands) Act (currently Bill 174–1). Section 117 repealed 17 March 2019 section 64(f) New Plymouth District Council (Waitara Lands) Act 2018
4: Governance reorganisation and taxation provisions
118: Interpretation
1: In this Part, unless the context otherwise requires,— assets and liabilities
a: means the assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement of this Act, by the trustees of Te Atiawa (Taranaki) Settlements Trust or by the relevant subsidiary, as the case requires; and
b: includes—
i: all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and
ii: all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere) exempt income section YA 1 Inland Revenue Acts section 3(1) relevant subsidiary reorganisation subpart 1 taxable income section YA 1 tax charity section YA 1 Te Atiawa (Taranaki) Holdings Limited Te Atiawa (Taranaki) Settlements Trust transferred employee section 132
2: In sections 122 to 124 Maori Fisheries Act 2004
1: Governance reorganisation
Te Atiawa (Taranaki) Settlements Trust
119: Dissolution of Te Atiawa (Taranaki) Settlements Trust
1: On the commencement of this Act,—
a: Te Atiawa (Taranaki) Settlements Trust is dissolved; and
b: the term of office of the trustees of that trust expires; and
c: proceedings by or against that trust may be continued, completed, and enforced by or against the trustees of Te Kotahitanga o Te Atiawa Trust; and
d: a reference to Te Atiawa (Taranaki) Settlements Trust (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed (other than the deed of settlement), lease, application, notice, or other document in force immediately before the commencement of this Act must, unless the context otherwise requires, be read as a reference to the trustees of Te Kotahitanga o Te Atiawa Trust.
2: A person holding office as a trustee of Te Atiawa (Taranaki) Settlements Trust immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office.
120: Vesting of assets and liabilities of Te Atiawa (Taranaki) Settlements Trust
1: On the commencement of this Act, the assets and liabilities of the trustees of Te Atiawa (Taranaki) Settlements Trust—
a: vest in the trustees of Te Kotahitanga o Te Atiawa Trust and become the assets and liabilities of the trustees of Te Kotahitanga o Te Atiawa Trust; and
b: to the extent that those assets and liabilities are owned or held subject to any charitable trusts, are freed of all charitable trusts.
2: However, those assets and liabilities—
a: remain subject to any other trusts, covenants, or conditions affecting them; and
b: are subject to any trusts expressed in the deed of trust of Te Kotahitanga o Te Atiawa Trust. Te Atiawa (Taranaki) Holdings Limited
121: Assets and liabilities of relevant subsidiary
1: If, on the commencement of this Act, the relevant subsidiary is a tax charity for the purposes of the Inland Revenue Acts, that subsidiary ceases to be a tax charity on that date.
2: To the extent that the assets and liabilities of the relevant subsidiary are held subject to any charitable trusts, on and from the commencement of this Act,—
a: those assets and liabilities are freed of all charitable trusts but subject to any other trusts, covenants, or conditions affecting those assets and liabilities; and
b: the constitution of the relevant subsidiary is deemed to have been amended to the extent necessary to give effect to paragraph (a).
3: To avoid doubt,—
a: nothing in this subpart has the effect, of itself, of causing the relevant subsidiary to be a different person for the purposes of the Inland Revenue Acts; and
b: the assets and liabilities of the relevant subsidiary continue to be the assets and liabilities of that subsidiary; and
c: the income of the relevant subsidiary derived from revenue account property is exempt income until immediately before that company ceases to be a registered charitable entity.
4: In this section, revenue account property Te Kotahitanga o Te Atiawa Trust becomes mandated iwi organisation
122: Recognition of new mandated iwi organisation
1: On and from the commencement of this Act,—
a: Te Kotahitanga o Te Atiawa Trust is the mandated iwi organisation for Te Atiawa (listed as Te Atiawa (Taranaki) in Schedule 3 section 13(1)
b: the relevant subsidiary is the asset-holding company of Te Kotahitanga o Te Atiawa Trust.
2: However, any reference in the Maori Fisheries Act 2004
3: To avoid doubt, on and from the commencement of this Act, Te Kotahitanga o Te Atiawa Trust must—
a: meet the criteria in section 14
b: satisfy section 12(1)﻿(d)
123: Certain effects of recognition of new mandated iwi organisation
On and from the commencement of this Act,—
a: any registered coastline entitlement held by Te Atiawa (Taranaki) Settlements Trust immediately before the commencement of this Act is to be treated as a registered coastline entitlement held by Te Kotahitanga o Te Atiawa Trust; and
b: any coastline claim, agreement, or written statement of Te Atiawa (Taranaki) Settlements Trust made under Part 1
124: Functions of Te Ohu Kai Moana Trustee Limited
Te Ohu Kai Moana Trustee Limited must, in accordance with the Maori Fisheries Act 2004 sections 122(1) 123 General matters relating to reorganisation
125: Matters not affected by transfer
Nothing given effect to or authorised by this subpart—
a: places any person in breach of a contract or confidence, or involves the person in the commission of a civil wrong; or
b: creates a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or
c: places any person in breach of an enactment, rule of law, or contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or
d: releases a surety, wholly or in part, from an obligation; or
e: invalidates or discharges a contract.
126: Status of existing instruments
1: The trustees of Te Kotahitanga o Te Atiawa Trust are to be treated as if they are the trustees of Te Atiawa (Taranaki) Settlements Trust under any existing instrument—
a: to which the trustees of Te Atiawa (Taranaki) Settlements Trust were a party; or
b: that the trustees of Te Atiawa (Taranaki) Settlements Trust gave, received, or were to give or receive.
2: An express or implied reference to the trustees of Te Atiawa (Taranaki) Settlements Trust in an existing instrument or in a register must be read as a reference to the trustees of Te Kotahitanga o Te Atiawa Trust, unless the context otherwise requires.
3: In this section, existing instrument
127: Status of existing securities
1: A security held by the trustees of Te Atiawa (Taranaki) Settlements Trust as security for a debt or other liability to that trust incurred before the commencement of this Act—
a: is available to the trustees of Te Kotahitanga o Te Atiawa Trust as security for the discharge of that debt or liability; and
b: if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to those trustees incurred on or after the commencement of this Act.
2: The trustees of Te Kotahitanga o Te Atiawa Trust are entitled to the same rights and priorities, and subject to the same liabilities, in relation to the security as the trustees of Te Atiawa (Taranaki) Settlements Trust would be if this Act had not been passed.
128: Continuation of proceedings
1: An action, arbitration, proceeding, or cause of action that was pending or existing by, against, or in favour of the trustees of Te Atiawa (Taranaki) Settlements Trust before the commencement of this Act may be continued and enforced by, against, or in favour of the trustees of Te Kotahitanga o Te Atiawa Trust.
2: It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or cause of action.
129: Books and documents to remain evidence
1: A document, matter, or thing that would have been admissible in evidence for or against the trustees of Te Atiawa (Taranaki) Settlements Trust is, on and after the commencement of this Act, admissible in evidence for or against the trustees of Te Kotahitanga o Te Atiawa Trust.
2: In this section, document section 4(1)
130: Removal from register of charitable entities
1: The Te Atiawa (Taranaki) Settlements Trust and Te Atiawa (Taranaki) Holdings Limited must be removed, under section 31
2: This section applies despite anything else in the Charities Act 2005
131: Other registers
1: The Registrar-General or any other person charged with keeping documents or registers is not required, solely because of the other provisions of this subpart, to change, in the documents or registers, the names of the trustees of Te Atiawa (Taranaki) Settlements Trust to the names of the trustees of Te Kotahitanga o Te Atiawa Trust.
2: If the trustees of Te Kotahitanga o Te Atiawa Trust present an instrument to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in those trustees, as specified in the instrument.
3: For the purposes of subsection (2), the instrument need not be an instrument of transfer, but must—
a: be executed or purport to be executed by the trustees of Te Kotahitanga o Te Atiawa Trust; and
b: relate to assets or liabilities owned, controlled, or held, wholly or in part, by the trustees of Te Atiawa (Taranaki) Settlements Trust immediately before the commencement of this Act; and
c: be accompanied by a certificate given by the trustees of Te Kotahitanga o Te Atiawa Trust or their solicitor stating that the property was vested in those trustees by or under this Act. Employees
132: Transfer of employees
On the commencement of this Act, each employee of the trustees of Te Atiawa (Taranaki) Settlements Trust ceases to be an employee of that trust and becomes an employee of the trustees of Te Kotahitanga o Te Atiawa Trust.
133: Protection of terms and conditions of employment
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to him or her immediately before the commencement of this Act.
2: Subsection (1)—
a: continues to apply to the terms and conditions of employment of a transferred employee until the terms and conditions are varied by agreement between the transferred employee and the trustees of Te Kotahitanga o Te Atiawa Trust; and
b: does not apply to a transferred employee who accepts any subsequent appointment with those trustees.
134: Continuity of employment
For the purposes of any enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the person's employment from the trustees of Te Atiawa (Taranaki) Settlements Trust to the trustees of Te Kotahitanga o Te Atiawa Trust does not, of itself, break the employment of that person, and the period of his or her employment by the trustees of Te Atiawa (Taranaki) Settlements Trust is to be regarded as having been a period of service with the trustees of Te Kotahitanga o Te Atiawa Trust.
135: No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
a: the position held by the employee with the trustees of Te Atiawa (Taranaki) Settlements Trust has ceased to exist; or
b: the employee has ceased, as a result of his or her transfer to the trustees of Te Kotahitanga o Te Atiawa Trust, to be an employee of the trustees of Te Atiawa (Taranaki) Settlements Trust.
136: Liability of employees and agents
1: A trustee, an officer, or a representative of Te Atiawa (Taranaki) Settlements Trust who held office at any time before the commencement of this Act is not personally liable for any act or thing done or omitted to be done by that person before the commencement of this Act in the exercise or bona fide exercise of a duty under any enactment or the relevant deed of trust.
2: This section applies only—
a: in the absence of actual fraud; and
b: if the act or omission does not amount to an offence under any enactment or rule of law. Final report
137: Final report of Te Atiawa (Taranaki) Settlements Trust
1: As soon as practicable after the commencement of this Act, the trustees of Te Kotahitanga o Te Atiawa Trust must prepare the final report of Te Atiawa (Taranaki) Settlements Trust.
2: The report must show the financial results of the operation for the period—
a: starting on the day after the last day covered by the previous annual report; and
b: ending on the day before the commencement of this Act.
3: At the first general meeting of the trustees of Te Kotahitanga o Te Atiawa Trust after the final report has been completed, those trustees must present the final report of Te Atiawa (Taranaki) Settlements Trust.
2: Taxation provisions
138: Application and interpretation
1: This subpart applies, by virtue of the reorganisation of the governance of Te Atiawa under subpart 1
2: In this subpart,— taxable Maori authority distribution section HF 7 undistributed charitable amount section 139(5) Te Atiawa (Taranaki) Settlements Trust
139: Taxation in respect of transfer of assets and liabilities of Te Atiawa (Taranaki) Settlements Trust
1: On and from the date on which the assets and liabilities of the trustees of Te Atiawa (Taranaki) Settlements Trust vest in the trustees of Te Kotahitanga o Te Atiawa Trust by section 120(1)
a: those trustees are deemed to be the same person as the trustees of Te Atiawa (Taranaki) Settlements Trust; and
b: everything done by the trustees of Te Atiawa (Taranaki) Settlements Trust before that date is deemed to have been done by the trustees of Kotahitanga o Te Atiawa Trust on the date that it was done by the trustees of Te Atiawa (Taranaki) Settlements Trust.
2: Income derived or expenditure incurred by the trustees of Te Atiawa (Taranaki) Settlements Trust before the assets and liabilities vest in the trustees of Te Kotahitanga o Te Atiawa Trust does not become income derived or expenditure incurred by the trustees of Te Kotahitanga o Te Atiawa Trust just because the assets and liabilities vest in those trustees by section 120(1)
3: Subsection (4) applies if income of the trustees of Te Atiawa (Taranaki) Settlements Trust—
a: is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and
b: is exempt income of the trustees of Te Atiawa (Taranaki) Settlements Trust but is not exempt income of the trustees of Te Kotahitanga o Te Atiawa Trust.
4: The trustees of Te Kotahitanga o Te Atiawa Trust must be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property—
a: on the day that it becomes the property of those trustees; and
b: for a consideration that is its market value.
5: The trustees of Te Kotahitanga o Te Atiawa Trust must identify the undistributed charitable amounts, using the following formula: x − y where— x is the total amounts derived by the trustees of Te Atiawa (Taranaki) Settlements Trust that, but for the application of sections CW 41 CW 42 y is the total of the amounts described in variable x that have been distributed before the commencement of this Act.
6: The undistributed charitable amounts described in subsection (5) are excluded from the corpus of the trustees of Te Kotahitanga o Te Atiawa Trust for the purposes of the Income Tax Act 2007
7: If the trustees of Te Kotahitanga o Te Atiawa Trust distribute an undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007
8: If the trustees of Te Kotahitanga o Te Atiawa Trust distribute an undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.
140: Election of trustees of Te Kotahitanga o Te Atiawa Trust to be Māori authority
1: If the trustees of Te Kotahitanga o Te Atiawa Trust make an election under section HF 11 section 139(5)
a: exempt income if the distribution is applied for a charitable purpose; or
b: a taxable Māori authority distribution.
2: If this section applies, the amount must be disregarded for the purposes of section HF 8 Relevant subsidiary
141: Taxation in respect of assets and liabilities of relevant subsidiary
1: This section applies, but only if—
a: the assets and liabilities of the relevant subsidiary remain the assets and liabilities of that subsidiary; and
b: income of the relevant subsidiary derived from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of that subsidiary before the commencement of this Act, and ceases to be exempt income as a result of the application of section 121(1)
2: The relevant subsidiary is to be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property for a consideration that is its market value on the date of the commencement of this Act.
142: Election by relevant subsidiary to be Māori authority
1: This section applies if the relevant subsidiary—
a: makes an election under section HF 11
b: at the time when the election is made has an undistributed charitable amount arising from income that was exempt income under sections CW 41 CW 42
2: The undistributed charitable amount must be calculated on the date on which the relevant subsidiary ceases to be a tax charity under section 121(1)
3: A distribution of the undistributed charitable amount by the relevant subsidiary after its election to be a Māori authority is—
a: a distribution from exempt income of the subsidiary if the distribution is for a charitable purpose; or
b: if paragraph (a) does not apply, a taxable Māori authority distribution.
4: A distribution that is a taxable Māori authority distribution under subsection (3)﻿(b) must be disregarded for the purposes of section HF 8