Moriori Claims Settlement Act 2021

1: Title
This Act is the Moriori Claims Settlement Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, historical account, 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 Moriori in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Moriori.
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 Moriori, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Moriori 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; and
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 Crown minerals, primary industries, 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 Moriori of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for all but 2 of the statutory areas; and
iii: an overlay classification applying to certain areas of land; and
iv: the provision of official geographic names; and
v: provision for the making of regulations about customary fishing; and
b: cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties.
4: Part 3
a: the transfer of deferred selection properties to the trustees; and
b: a right of first refusal over shared RFR land.
5: There are 4 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4 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
8: Summary of historical account
1: Moriori karāpuna (ancestors) were the waina-pono (original inhabitants) of Rēkohu, Rangihaute, Hokorereoro (South East Island), and other nearby islands (making up the Chatham Islands). They arrived sometime between 1000 and 1400 CE and all Moriori hokopapa to (are descended from) the founding ancestor Rongomaiwhenua. Moriori developed an egalitarian society where there was little differentiation of rank, and warfare and killing were outlawed. Moriori lived undisturbed for many centuries until their first contact with Pākehā, in 1791.
2: In late 1835, about 900 people of 2 Māori imi (tribes) sailed on a British ship to Rēkohu after hearing of the islands’ attractiveness for settlement and believing Moriori would offer little resistance. The newcomers were welcomed and fed by Moriori in accordance with tikane Moriori (Moriori custom). The newcomers soon began to walk the land. Some Moriori wanted to resist the invaders, but the elders Torea and Tapata urged the people to obey Nunuku’s law of peace, arguing that to violate it would be contrary to their ancient beliefs and customs. Upon returning to their villages they were attacked, and many were killed. Māori accounts put the number of Moriori killed in 1835–36 at around 300, or about one-sixth of the population. Those Moriori who survived the invasion were enslaved and forced to do manual labour. Slavery was foreign to and totally at odds with tikane Moriori.
3: In 1842, Rēkohu and the surrounding islands were annexed to New Zealand, as the Chatham Islands. The Crown took no action before the late 1850s to alleviate the conditions of Moriori enslavement. Moriori sent letters and petitions to the Crown detailing their plight, including the names of those killed in the invasion and those who had subsequently died of despair. In 1862, Moriori wrote an extensive petition to the Crown seeking recognition of their ancient land rights and claiming the protection of the Crown and English law. In an 1862 letter, Moriori stated that they continued to be enslaved by Māori. In 1863, a new Resident Magistrate was appointed who set about improving some conditions for Moriori.
4: In June 1870, the Native Land Court sat on the Chatham Islands. At that time, the population of the Chathams comprised just under 100 Moriori and about 20 Māori, but some Māori returned to the Chatham Islands from Taranaki to conduct their case and support their claim. The Court sat for 8 days at Waitangi and heard claims over the whole of Rēkohu as just 5 blocks, as well as claims to Hokorereoro (South East Island) and Rangihaute (Pitt Island). The Court, applying its own understanding of Native customs
5: The Court awarded more than 97% of the land to the recently arrived Māori and less than 3% to Moriori. Tikane Moriori did not recognise conquest as a means of gaining land rights. Moriori arguments focused on holding rights in accordance with tikane, in particular through ancestral occupation and adherence to their own ancient law of peace. Although under Moriori customary tenure land was held communally, Crown title was awarded to individuals. As a result of being left virtually landless, many Moriori who had survived the enslavement were forced to abandon Rēkohu.
6: By 1901, the Moriori population on Rēkohu had collapsed from a pre-contact population of at least 2,000 to only 31 (out of a total Chatham Islands population of 418 comprising Moriori, Māori, and Europeans). At the turn of the century, several prominent Moriori elders died. With the loss of this generation, none remained who had first-hand knowledge of Moriori language and traditions. Moriori awareness of their language, hokopapa, and traditions subsequently went further into decline.
7: In 1867, the Crown extended political representation to all Māori men who lived within 4 electoral districts. The Chatham Islands were outside all electoral districts, meaning Moriori and other Chatham Islands residents could not vote or have political representation. It was not until 1922 that legislation was enacted to correct this.
8: For more than 100 years, individuals and institutions (including the Colonial Museum, a Crown institution) collected and exchanged kōimi t’chakat Moriori (the skeletal remains of Moriori ancestors) taken from Rēkohu and surrounding islands. Moriori assert that that removal of kōimi t’chakat Moriori violated the tchap’ (tapu) of these miheke (taonga) and eroded Moriori authority by interfering with their ability to act as tchieki (guardians) of their miheke.
9: In the early 20th century, prominent ethnographers wrongly portrayed Moriori as extinct and racially distinct from, and inferior to, Māori. The Crown contributed to the dissemination of this myth through the publication of the School Journal School Journal
10: The stories popularised and spread through the School Journal
11: Since the late 1970s, Moriori descendants have been working to rebuild their identity and culture as a distinct people with a unique heritage. What has been achieved over the past 40 years is testament to their resilience as a people and their determination to reclaim their rightful place in the history of Rēkohu and Aotearoa New Zealand.
9: Acknowledgements
1: The Crown acknowledges Moriori as tchakat henu (tangata whenua) of Rēkohu (the Chatham Islands) and that Moriori had been settled on Rēkohu for many centuries before 1842.
2: The Crown acknowledges that until now it has failed to address the deeply-felt and long-standing grievances of Moriori in an appropriate way.
3: The Crown acknowledges the deaths of a significant number of Moriori as a consequence of their enslavement, as detailed in an 1862 petition to the Crown. The Crown further acknowledges that its failure to have acted in a more reactive and proactive manner to end the enslavement of the Moriori people was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
4: The Crown acknowledges that—
a: it did not consult Moriori about the introduction of the native land laws, which provided for the land awarded to Moriori by the Native Land Court to be held on the basis of individual title, rather than traditional collective tenure; and
b: in 1870, the Native Land Court awarded titles for 7 reserves to Moriori, each in the names of 9 or fewer individuals; and
c: the individualisation of Moriori land tenure made the small amount of land remaining in Moriori ownership more susceptible to fragmentation, partition, and alienation, and further eroded Moriori tribal structures; and
d: its failure to take steps to adequately protect the traditional tribal structures of Moriori, which were based on collective imi and hapū custodianship of land that had been held in peaceful occupation for many generations, had a prejudicial effect on Moriori and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
5: The Crown further acknowledges Moriori were virtually landless from 1870, and that its failure to ensure Moriori retained sufficient lands for their present and future needs was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. This landlessness hindered the cultural, social, and economic development of Moriori, most of whom live outside their rohe today. This compromised the ability of Moriori to manage their taonga and their wāhi t’chap (sacred sites), and to fulfil their t’chieki (guardian) and manawarekatanga (manaakitanga) responsibilities, all of which contributed to the erosion of mana Moriori and Moriori identity.
6: The Crown acknowledges that its failure to devise a just solution for Moriori in regard to land on the Chatham Islands following the Native Land Court’s determination of land title was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
7: The Crown acknowledges that by 1900 ta rē Moriori was no longer a living language. The Crown further acknowledges that it failed to actively protect ta rē Moriori, which contributed to the decline of ta rē Moriori, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
8: The Crown acknowledges that kōimi t’chakat Moriori (Moriori human remains) are tchap’ (sacred), and that the removal from Rēkohu, collection, and trade of kōimi t’chakat violated the tchap’ of these miheke (taonga) and caused Moriori great distress.
9: The Crown further acknowledges that the collection and trade of kōimi t’chakat by the Colonial Museum were actions undertaken by or on behalf of the Crown and were a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
10: The Crown acknowledges its contribution, through the dissemination of school journals, to the stigmatisation of Moriori as a racially inferior people who became extinct and acknowledges the suffering and hardship these myths have caused to generations of Moriori through to the present day.
11: The Crown further acknowledges that its role in generations of schoolchildren learning the myth that Moriori were racially inferior contributed to the diminution of Moriori ihi (authority), and ieriki ieriki (imi leadership), over their identity, and rejection or loss of knowledge of Moriori hokopapa (ancestry), and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
12: The Crown acknowledges that until 1922 it failed to make any provision for Moriori and other Chatham Islanders to vote in parliamentary elections and have political representation, despite this issue having been debated in Parliament from as early as 1880. This unjustified failure, until 1922, to ensure that Moriori could exercise the right to vote denied Moriori a fundamental right and privilege of British subjects and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
10: Apology
The text of the apology offered by the Crown to Moriori, as set out in the deed of settlement, is as follows:
“(a): To the Moriori people, tchakat henu (tangata whenua) and waina pono (original inhabitants) of Rēkohu (the Chatham Islands), to your karāpuna and mokopū, the Crown is profoundly sorry that for too long it failed to uphold the partnership and provide the protection envisaged by te Tiriti o Waitangi/the Treaty of Waitangi and its principles and sought by Moriori karāpuna since the 1840s.
b: The Crown expresses its deep remorse for the pain and hurt its breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles have caused to you and to generations of Moriori people and offers this apology.
c: The Crown was aware in 1842, when it assumed responsibility for the Chatham Islands, that Moriori were enslaved and many had died at the hands of their captors. The Crown profoundly regrets that it failed for many years to take action to end Moriori enslavement, and that your karāpuna continued to suffer greatly in oppressive conditions which caused many more to die, including some who died of an illness known to Moriori as kongenge
d: The Crown did not consult your karāpuna when it promoted the native land laws in the late 1860s. After the 1870 hearings of the Native Land Court on Rēkohu, you were left virtually landless. Your tribal structures were undermined and you were severed from your land, your wahi t’chap (sacred sites), and your responsibilities as guardians and hosts. For its failure to ensure that you retained sufficient lands for your present and future needs, the Crown is deeply sorry.
e: By the beginning of the twentieth century ta rē Moriori (the Moriori language) as a living language had been lost to Moriori and Aotearoa New Zealand. For its failure to actively protect this miheke (taonga), the Crown apologises sincerely.
f: Over a period of many years the Crown, through the Colonial Museum, collected, removed, and traded kōimi t’chakat (Moriori human remains) from Rēkohu. For these actions, which violated the t’chap of these miheke and caused great distress, the Crown is profoundly sorry.
g: The Crown contributed, through the dissemination of derogatory stories in the School Journal
h: The Crown pays tribute to you and your karāpuna for your persistence in this long search for justice. You have held strong to your principles of peace, known today as Nunuku’s Law, and preserved the mana and manawa of Moriori. The Crown is humbled by your example.
i: Through this settlement the Crown seeks to atone for the wrongs of the past, and to renew the relationship between Moriori and the Crown under te Tiriti o Waitangi/the Treaty of Waitangi and its principles. May this renewed relationship lead us towards a future of justice and peace—a future worthy of the vision offered to us by the Moriori Imi and your karāpuna.” 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) attachments Commissioner of Crown Lands section 24AA consent authority section 2(1) conservation area section 2(1) conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) cultural redress property section 61 deed of recognition
a: means a deed of recognition issued under section 37
b: includes any amendments made under section 37(3) deed of settlement
a: means the deed of settlement dated 14 February 2020 and signed by—
i: the Honourable Andrew Little, Minister for Treaty of Waitangi Negotiations, and the Honourable Grant Murray Robertson, Minister of Finance, for and on behalf of the Crown; and
ii: Maui Ashley Solomon, Paul Te Teira Solomon, Thomas Henry Lanauze, and Grace Ngaroimata LeGros, for and on behalf of Moriori; and
iii: Maui Ashley Solomon, Paul Te Teira Solomon, Thomas Henry Lanauze, Grace Ngaroimata LeGros, and Sharon Anne Elizabeth Wadsworth, being the trustees of the Moriori Imi Settlement Trust; 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 84 Director-General documents schedule effective date historical claims section 14 interest LINZ member of Moriori section 13(1)﻿(a) Moriori Imi Settlement Trust national park management plan management plan section 2 overlay classification section 41 record of title section 5(1) Registrar-General section 5(1) 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 Moriori; or
iii: 1 or more of the hunau, hapū, or groups referred to in section 13(1)﻿(c) reserve section 2(1) reserve property section 61 resource consent section 2(1) RFR subpart 2 Part 3 RFR area section 89 settlement date shared RFR land section 90 statutory acknowledgement section 28 tikane trustees of the Moriori Imi Settlement Trust trustees working day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, 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 Chatham Islands and Wellington.
13: Meaning of Moriori
1: In this Act, Moriori
a: means the collective group composed of individuals who are descended from a Moriori karāpuna; and
b: includes those individuals; and
c: includes any hunau, hapū, or group to the extent that it is composed of those individuals.
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: Moriori customary adoption in accordance with tikane Moriori Moriori karāpuna
a: exercised customary rights by virtue of being descended from—
i: Rongomaiwhenua or Rongomaitere; or
ii: any other recognised ancestor of a group referred to in part 9.6.2 of the deed of settlement; and
b: exercised the customary rights predominantly in relation to the area of interest.
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 Moriori 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 Moriori or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
i: Wai 64—Moriori claim:
ii: Wai 308—Moriori Tchakat Henu claim:
iii: Wai 417—Moriori claim:
b: every other claim to the Waitangi Tribunal to the extent that subsection (2) applies to the claim and the claim relates to Moriori or a representative entity.
4: However, the historical claims do not include—
a: a claim that a member of Moriori, or a hunau, 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 Moriori Claims Settlement Act 2021, section 15(4) and (5) 2021-11-26 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 shared RFR land transferred under a contract formed under section 98
d: for the benefit of Moriori 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
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 record of title for, each allotment that—
a: is all or part of—
i: a cultural redress property:
ii: a deferred selection property:
iii: the shared RFR land transferred under a contract formed under section 98
b: is subject to a resumptive memorial recorded under an enactment listed in section 17(2)
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; or
b: the date of transfer of the property to the trustees, for a deferred selection property; or
c: the date of transfer of the land, for shared RFR land transferred under a contract formed under section 98
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 record of title 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: the Moriori Imi Settlement 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 the Moriori Imi Settlement Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a)
20: Access to deed of settlement
The chief executive of the Office for Māori Crown Relations—Te Arawhiti must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at that Office 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 that Office.
2: Cultural redress
1: Protocols
21: Interpretation
In this subpart,— Hokoaetanga Tiaki Miheke protocol
a: means each of the following protocols issued under section 22(1) or (2)
i: the Crown minerals protocol:
ii: the primary industries protocol:
iii: Appendix B of the Hokoaetanga Tiaki Miheke; and
b: includes any amendments made under section 22(3) responsible Minister General provisions applying to protocols
22: Issuing, amending, and cancelling protocols
1: The responsible Minister must issue each of the protocols, other than Appendix B of the Hokoaetanga Tiaki Miheke, to the trustees on the terms set out in part 4 of the documents schedule.
2: Appendix B of the Hokoaetanga Tiaki Miheke must be treated as having been issued by the responsible Minister.
3: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
4: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
23: Protocols subject to rights, functions, and duties
A protocol does 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 that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of the responsible Minister or a department of State; or
c: the legal rights of Moriori or a representative entity.
24: 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). Crown minerals
25: Crown minerals protocol
1: The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991
a: a register of protocols maintained by the chief executive; and
b: the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991
3: The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
4: In this section,— Crown mineral section 2(1)
a: that is the property of the Crown under section 10 11
b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 Crown minerals protocol area minerals programme section 2(1) Primary industries
26: Primary industries protocol
1: The chief executive of the Ministry for Primary Industries must note a summary of the terms of the primary industries protocol in any fisheries plan that affects the primary industries 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 primary industries 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 primary industries protocol area Taonga tūturu
27: Appendix B of Hokoaetanga Tiaki Miheke
1: Appendix B of the Hokoaetanga Tiaki Miheke 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
28: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Moriori 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 29 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
29: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
30: 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 31 33
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 34 35
c: to enable the trustees and any member of Moriori to cite the statutory acknowledgement as evidence of the association of Moriori with a statutory area, in accordance with section 36
31: 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
32: 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
33: 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
34: 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 29 33 35 36
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
35: 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(4)
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
36: Use of statutory acknowledgement
1: The trustees and any member of Moriori may, as evidence of the association of Moriori 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, because 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: the trustees and the members of Moriori are not precluded from stating that Moriori 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
37: Issuing and amending deeds of recognition
1: This section applies in respect of the statutory areas listed in Part 2 of Schedule 1
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.
3: The Minister of Conservation and the Director-General may amend a deed of recognition, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deeds of recognition
38: 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 Moriori 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 or the Director-General by a deed of recognition.
39: 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
40: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Moriori Claims Settlement Act 2021 2021-11-26 Resource Management Act 1991
3: Overlay classification
41: 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 42(1)
b: does not include an area that is declared under section 53(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 Moriori 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.
42: 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.
43: 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 45
b: to enable the taking of action under sections 46 51
44: 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.
45: 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.
46: 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
47: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration made by section 42
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 48 49
48: 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 that the Director-General intends to take.
49: 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)
50: 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 49(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 made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
51: 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 49(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 made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
52: 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.
53: 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 made under this section is published in the Gazette
54: Exercise of powers and performance of functions and duties
1: The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the 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.
55: 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
56: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 Crown protected area section 4 official geographic name section 4
57: Official geographic names
1: A name specified in the second column of the table in clause 5.47 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
3: The existing name of each Crown protected area is changed to the new name as follows: The following table is small in size and has 2 columns. Column 1 is headed Existing name. Column 2 is headed New name. Existing name New name Canister Cove Scenic Reserve Waikokopu / Canister Cove Scenic Reserve J M Barker (Hapupu) Historic Reserve Hāpūpū / J M Barker Historic Reserve Ocean Mail Scenic Reserve Manauea / Ocean Mail Scenic Reserve Waipaua Scenic Reserve Waipāua Scenic Reserve
4: Each new name given to a Crown protected area is to be treated as if—
a: it were an official geographic name that takes effect on the settlement date; and
b: it had first been reviewed and concurred with by the Board under subpart 3
58: 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 57
2: The notice must state that each official geographic name became an official geographic name on the settlement date.
59: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under section 57(1)
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)
3: The official geographic name of a Crown protected area named under section 57(3) subpart 3
5: Customary fishing regulations
60: Customary fishing regulations
1: The responsible Minister must recommend the making of regulations under section 186
a: provide for the trustees of the Moriori Imi Settlement Trust and the trustees for Ngāti Mutunga o Wharekauri to manage customary fishing in the Rēkohu/Wharekauri fisheries area by appointing tchieki/kaitiaki to issue authorisations for customary fishing:
b: revoke regulation 5B rāhui areas
i: the same areas of water in which commercial fishing was prohibited by that regulation; or
ii: any areas of water, whether or not they overlap with those same areas, that—
A: are in the Rēkohu/Wharekauri fisheries area; and
B: are places of importance for customary food gathering, as agreed by the trustees of the Moriori Imi Settlement Trust, the trustees for Ngāti Mutunga o Wharekauri, and the chief executive of the Ministry for Primary Industries; and
C: the responsible Minister has consulted about with any persons materially affected by the change in areas; and
D: the responsible Minister is satisfied are areas that, when closed to commercial fishing, do not prevent persons with a commercial interest in a species from taking their quota entitlement or annual catch entitlement within the quota management area for that species:
c: provide that the trustees of the Moriori Imi Settlement Trust and the trustees for Ngāti Mutunga o Wharekauri may recommend to the responsible Minister that bylaws be made that restrict or prohibit other fishing (customary or recreational) in 1 or more rāhui areas:
d: require that any restriction or prohibition imposed by the bylaws applies generally to all persons:
e: require the responsible Minister to make bylaws that are recommended in accordance with regulations made under paragraphs (c) and (d), unless that Minister considers that the proposed bylaws would have an undue adverse effect on fishing in the Rēkohu/Wharekauri fisheries area:
f: provide for any other matter required by clause 5.43 of the deed of settlement.
2: However, the responsible Minister must not recommend the making of the regulations unless—
a: the trustees of the Moriori Imi Settlement Trust and the trustees for Ngāti Mutunga o Wharekauri notify that Minister that regulations are required for the management of customary food gathering in relation to the Rēkohu/Wharekauri fisheries area; and
b: the chief executive of the Ministry for Primary Industries and both those groups of trustees all agree on the text of the regulations.
3: In this section,— Rēkohu/Wharekauri fisheries area responsible Minister Fisheries Act 1996 trustees for Ngāti Mutunga o Wharekauri
a: a governance entity established by Ngāti Mutunga o Wharekauri to receive redress in relation to the settlement of their historical Treaty claims (as defined in section 2
b: the Ngāti Mutunga o Wharekauri Iwi Trust, established by a trust deed dated 28 September 2004, if the governance entity has not been established.
6: Vesting of cultural redress properties
61: Interpretation
In this subpart,— cultural redress property Schedule 3 Properties vested in fee simple
a: Glory housing property:
b: Owenga property:
c: Te Awanui:
d: Waipāua property: Properties vested in fee simple to be administered as reserves
e: Rangiauria property:
f: Waipāua coastal property:
g: Glory block:
h: Waihere block reserve property Properties vested in fee simple
62: Glory housing property
1: The Glory housing property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Glory housing property vests in the trustees.
3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable restrictive covenant in gross on the terms and conditions set out in part 5.1 of the documents schedule.
63: Owenga property
The fee simple estate in the Owenga property vests in the trustees.
64: Te Awanui
The fee simple estate in Te Awanui vests in the trustees.
65: Waipāua property
1: The Waipāua property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waipāua property vests in the trustees. Properties vested in fee simple to be administered as reserves
66: Rangiauria property
1: The reservation of the Rangiauria property (being Rangiauria Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Rangiauria property vests in the trustees.
3: The Rangiauria property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Rangiauria Scenic Reserve.
67: Waipāua coastal property
1: The Waipāua coastal property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waipāua coastal property vests in the trustees.
3: The Waipāua coastal property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Waipāua Coastal Scenic Reserve.
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 of way on the terms and conditions set out in part 5.4 of the documents schedule.
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
68: Glory block
1: The part of the Glory block that is a conservation area under the Conservation Act 1987
2: The reservation of the part of the Glory block that is a scenic reserve subject to the Reserves Act 1977
3: The fee simple estate in the Glory block vests in the trustees.
4: The Glory block is declared a reserve and classified as a local purpose (ecological restoration and community purposes) reserve subject to section 23
5: The reserve is named Glory Local Purpose Reserve.
6: Subsections (1) to (5) do not take effect until—
a: the trustees have provided the Crown with—
i: a registrable easement in gross for a right of way on the terms and conditions set out in part 5.3 of the documents schedule; and
ii: a registrable lease on the terms and conditions set out in part 5.2 of the documents schedule; and
b: the trustees have provided a registrable easement for a right of way in favour of the Glory housing property on the terms and conditions set out in part 5.5 of the documents schedule; and
c: the trustees have established the Rangihaute Land Trust by a deed of trust in the form set out in part 6 of the documents schedule; and
d: the trustees have entered into a deed relating to the Waihere block and the Glory block in the form set out in part 7 of the documents schedule; and
e: the trustees have assigned the right to receive the income under existing occupation rights, and given notice of the assignment, in accordance with the deed relating to the Waihere block and the Glory block.
7: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
8: The lease is not a subdivision of land for the purposes of section 218(1)﻿(a)﻿(iii)
69: Waihere block
1: The Waihere block ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waihere block vests in the trustees.
3: The Waihere block is declared a reserve and classified as a local purpose (ecological restoration and community purposes) reserve subject to section 23
4: The reserve is named Waihere Local Purpose Reserve.
5: Subsections (1) to (4) do not take effect until—
a: the trustees have established the Rangihaute Land Trust by a deed of trust in the form set out in part 6 of the documents schedule; and
b: the trustees have entered into a deed relating to the Waihere block and the Glory block in the form set out in part 7 of the documents schedule; and
c: the trustees have assigned the right to receive the income under existing occupation rights, and given notice of the assignment, in accordance with the deed relating to the Waihere block and the Glory block.
70: Agreement or lease to graze on Glory block or Waihere block
1: The administering body of the Glory block or the Waihere block must comply with the deed for the blocks in granting any interest in relation to the blocks, despite sections 61(2) and (2A) 74
2: If the administering body of the Glory block or the Waihere block receives funds under any of the following, it may apply the funds only for the purposes for which the Rangihaute Land Trust was established:
a: an interest granted in relation to any part of the Glory block, except the lease referred to in section 68(6)﻿(a)﻿(ii)
b: an interest granted in relation to the Waihere block.
3: Section 72(3) section 72(1)
4: In this section,— deed for the blocks Rangihaute Land Trust General provisions applying to vesting of cultural redress properties
71: 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
72: Interests that are not interests in land
1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in the third column of the table in Schedule 3
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
3: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
73: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3) applies to a cultural redress property (other than the Owenga property), but only to the extent that the property is all of the land contained in a record of title for a fee simple estate.
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the owners of the fee simple estate in the property; and
b: record any entry on the record of title and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.
4: Subsection (5) applies to—
a: a cultural redress property, but only to the extent that subsection (2) does not apply to the property:
b: the Owenga property.
5: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the names of the trustees; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
6: Subsection (5) is subject to the completion of any survey necessary to create a record of title.
7: A record of title must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
a: 24 months after the settlement date; or
b: any later date that is agreed in writing by the Crown and the trustees.
8: In this section, authorised person
a: the chief executive of LINZ, for the following properties:
i: the Owenga property:
ii: Te Awanui:
b: the Director-General, for all other properties.
74: 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: The marginal strip reserved by section 24
4: The trustees are appointed as the manager of the marginal strip reserved from the vesting of the Owenga property as if the appointment were made under section 24H
5: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24
6: Subsections (2), (3), and (5) do not limit subsection (1).
75: Matters to be recorded on record of title
1: The Registrar-General must record on the record of title—
a: for a reserve property—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 74(5) 79
b: for the Owenga property that the land is subject to Part 4A
c: for any other cultural redress property that the land is subject to Part 4A
2: A notation made under subsection (1) that land is subject to Part 4A section 24D(1)
3: For a reserve property, if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations that—
i: section 24
ii: the property is subject to sections 74(5) 79
b: part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on the record of title for the part of the property that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a).
76: 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.
77: 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 Further provisions applying to reserve properties
78: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property.
2: Sections 78(1)﻿(a) 79 to 81 88
3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2)
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property must not have a name assigned to it or have its name changed under section 16(10)
79: Subsequent transfer of reserve land
1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977
2: The fee simple estate in the reserve land may be transferred only in accordance with section 80 81
3: In this section and sections 80 82 reserve land
80: Transfer of reserve land to new administering body
1: The registered owners of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners
2: The Minister of Conservation must give written consent to the transfer if the registered owners satisfy the Minister that the new owners are able—
a: to comply with the requirements of the Reserves Act 1977
b: to perform the duties of an administering body under that Act.
3: The Registrar-General must, upon receiving the required documents, register the new owners as the owners of the fee simple estate in the reserve land.
4: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for the registration of the transfer instrument.
5: The new owners, from the time of their registration under this section,—
a: are the administering body of the reserve land; and
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
6: A transfer that complies with this section need not comply with any other requirements.
81: Transfer of reserve land if trustees change
The registered owners of the reserve land may transfer the fee simple estate in the reserve land if—
a: the transferors of the reserve land 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 reserve land is accompanied by a certificate given by the transferees, or the transferees' lawyer, verifying that paragraphs (a) and (b) apply.
82: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
83: Saving of bylaws, etc, in relation to reserve properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977
3: Commercial redress
1: Transfer of deferred selection properties
84: Interpretation
In this subpart,— deferred selection property land holding agency
85: 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
86: Records of title for deferred selection properties
1: This section applies to each deferred selection property that is to be transferred to the trustees under section 85
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a record of title for a fee simple estate; or
b: there is no record of title for the fee simple estate in all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the name of the Crown; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but
c: omit any statement of purpose from the record of title.
4: Subsection (3) is subject to the completion of any survey necessary to create a record of title.
5: In this section and section 87 authorised person
87: Authorised person may grant covenant for later creation of record of title
1: For the purposes of section 86
2: Despite the Land Transfer Act 2017
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a record of title that records an interest; and
b: the Registrar-General must comply with the request.
88: 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 85
7: Subsection (6) is subject to subsections (2) and (3).
2: Right of first refusal over shared RFR land
Interpretation
89: Interpretation
In this subpart and Schedule 4 approving legislation for Ngāti Mutunga o Wharekauri Canterbury District Health Board section 19(1) control
a: for a company, control of the composition of its board of directors; and
b: for another 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
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 expiry date sections 94(2)﻿(a) 95 notice offer section 94 offer trust
a: the Moriori Imi Settlement Trust:
b: a governance entity established by Ngāti Mutunga o Wharekauri, if it may participate under section 92 public work section 2 recipient trust section 97 related company section 2(3) RFR area RFR date 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 shared RFR land has been disposed of under section 100(1)
d: to avoid doubt, does not include an administering body in which shared RFR land is vested under section 101(1) RFR period
a: the date that is 36 months after the settlement date under this Act; and
b: the settlement date under approving legislation for Ngāti Mutunga o Wharekauri subsidiary section 5
90: Meaning of shared RFR land
1: In this subpart, shared RFR land
a: the land described in part 4 of the attachments that, on the RFR date, is held in fee simple by the Canterbury District Health Board; and
b: the land that is within the RFR area that, on the RFR date,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; and
c: any land obtained in exchange for a disposal of shared RFR land under section 105(1)﻿(c) 106
2: Land ceases to be shared 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 85 section 98
ii: any other person (including the Crown or a Crown body) under section 93(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 102 109
ii: under any matter referred to in section 110(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 120
d: a notice is given under section 91
e: the RFR period ends.
91: Shared RFR land required for another Treaty of Waitangi settlement
1: This section applies to shared RFR land that—
a: is required for the settlement of historical Treaty claims of Ngāti Mutunga o Wharekauri; or
b: is required as a property to be shared by Moriori and Ngāti Mutunga o Wharekauri under an enactment that provides for their shared redress in relation to the settlement of their historical Treaty claims.
2: The Minister for Treaty of Waitangi Negotiations must give notice to the RFR landowner, and to the trustees of the 1 or more offer trusts, that the land ceases to be shared RFR land.
3: The notice may be given at any time before a contract is formed under section 98
4: In this section, historical Treaty claim section 2
92: Ngāti Mutunga o Wharekauri participation under this subpart
A governance entity established by Ngāti Mutunga o Wharekauri may participate as an offer trust, but only on and from the settlement date under approving legislation for Ngāti Mutunga o Wharekauri. Restrictions on disposal of shared RFR land
93: Restrictions on disposal of shared RFR land
An RFR landowner must not dispose of shared 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 99 to 109
b: under any matter referred to in section 110(1)
c: in accordance with a waiver or variation given under section 120
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 those trustees was—
i: made in accordance with section 94
ii: made on terms that were the same as, or more favourable to those trustees than, the terms of the disposal to the person; and
iii: not withdrawn under section 96
iv: not accepted under section 97 Trustees’ right of first refusal
94: Requirements for offer
1: An offer by an RFR landowner to dispose of shared RFR land to the trustees of an offer trust must be by notice to the trustees of the 1 or more offer trusts.
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 record of title for the land; and
c: a street address for the land (if applicable); and
d: 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.
95: 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 the 1 or more 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 those trustees receive notice of the offer if—
a: those trustees 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: If the RFR landowner has received notice of acceptance from the trustees of 2 offer trusts at the end of the expiry date specified in the notice of offer given under section 94 section 97(4)
96: Withdrawal of offer
The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted.
97: 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: Those trustees must accept all the shared RFR land offered, unless the offer permits them to accept less.
3: The offer is accepted only if the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust at the end of the expiry date.
4: If the RFR landowner has received notice of acceptance from the trustees of 2 offer trusts at the end of the expiry date specified in the notice of offer given under section 94
5: The RFR landowner’s notice must state that—
a: notice of acceptance has been received from the trustees of both offer trusts; and
b: the offer may be accepted by the trustees of only 1 of the offer trusts before the end of the 20th working day after the day on which they receive the RFR landowner's notice.
98: Formation of contract
1: If the trustees of an offer trust accept an offer by an RFR landowner to dispose of shared 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 those trustees.
3: Under the contract, those trustees may nominate any person (the nominee
4: Those trustees may nominate a nominee only if—
a: the nominee is lawfully able to hold the shared RFR land; and
b: notice is given 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 shared RFR land to the nominee.
6: If those trustees nominate a nominee, they remain liable for the obligations of the transferee under the contract. Disposals to others where land remains shared RFR land
99: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of shared RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of shared RFR land to a Crown body in accordance with section 563
100: Disposal of existing public works to local authorities
1: An RFR landowner may dispose of shared 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 shared 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.
101: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of shared RFR land in accordance with section 26 26A
2: To avoid doubt, if shared 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 shared 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 shared RFR land
102: Disposal in accordance with obligations under enactment or rule of law
An RFR landowner may dispose of shared RFR land in accordance with an obligation under any enactment or rule of law.
103: Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of shared RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the RFR date; or
ii: was conditional before the RFR date but became unconditional on or after the RFR date; or
iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or
b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land.
104: Disposal under certain legislation
An RFR landowner may dispose of shared 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
105: Disposal of land held for public works
1: An RFR landowner may dispose of shared 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, shared RFR land may be disposed of by an order of the Māori Land Court under section 134 section 41(1)﻿(e)
106: Disposal for reserve or conservation purposes
An RFR landowner may dispose of shared RFR land in accordance with—
a: section 15
b: section 16A 24E
107: Disposal for charitable purposes
An RFR landowner may dispose of shared RFR land as a gift for charitable purposes.
108: Disposal to tenants
The Crown may dispose of shared RFR land,—
a: if the land was held on the RFR 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 RFR date; or
ii: on or after the RFR date under a right of renewal in a lease granted before the RFR date; or
c: under section 93(4)
109: Disposal by Canterbury District Health Board
The Canterbury District Health Board, or any of its subsidiaries, may dispose of shared RFR land to any person if the Minister of Health has given notice to the trustees of the 1 or more offer trusts that, in the Minister's opinion, the disposal will achieve, or assist in achieving, the district health board's objectives. RFR landowner obligations
110: RFR landowner’s obligations subject to other matters
1: An RFR landowner’s obligations under this subpart in relation to shared 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 shared 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, shared RFR land.
2: Reasonable steps Notices about shared RFR land
111: Notice to LINZ of shared RFR land with record of title after RFR date
1: If a record of title is first created for shared RFR land after the RFR date, the RFR landowner must give the chief executive of LINZ notice that the record of title has been created.
2: If land for which there is a record of title becomes shared RFR land after the RFR date, the RFR landowner must give the chief executive of LINZ notice that the land has become shared RFR land.
3: The notice must be given as soon as is reasonably practicable after a record of title is first created for the shared RFR land or after the land becomes shared RFR land.
4: The notice must include the legal description of the land and the reference for the record of title.
112: Notice to trustees of offer trusts if disposal of shared RFR land being considered
1: This section applies if an RFR landowner is considering whether to dispose of shared RFR land in a way that may require an offer under this subpart.
2: The RFR landowner must give notice to the trustees of the 1 or more offer trusts that, if the landowner decides to dispose of the land, the landowner may be required to offer the land to the trustees of an offer trust under this subpart.
3: The notice must be given immediately before the RFR landowner starts the processes under any of the following provisions, as relevant:
a: section 52
b: section 23 24
c: section 40
d: any other enactment that regulates or applies to the disposal of the land.
4: The notice must include—
a: the legal description of the land; and
b: the reference for any record of title for the land; and
c: the street address for the land (if applicable); and
d: if the land does not have a street address, a description or diagram with enough information to enable a person who is not familiar with the land to locate it.
5: To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
a: section 564(3) sections 40 to 42
b: sections 23(1) 24(4)
c: section 40
6: In this section, dispose of
113: Notice to trustees of offer trusts of disposal of shared RFR land to others
1: An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of shared 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 record of title 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 93
f: if the disposal is to be made under section 93(d)
114: Notice to LINZ of land ceasing to be shared RFR land
1: Subsections (2) and (3) apply if land contained in a record of title is to cease being shared 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 85 section 98
ii: any other person (including the Crown or a Crown body) under section 93(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 102 109
ii: under any matter referred to in section 110(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 120
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 shared RFR land.
3: The notice must include—
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: the details of the transfer or vesting of the land.
4: Subsections (5) and (6) apply if land contained in a record of title ceases to be shared RFR land because a notice is given under section 91
5: The RFR landowner must, as soon as practicable after receiving the notice under section 91
6: The notice must include—
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: a copy of the notice given under section 91
115: Notice requirements
Schedule 4
a: an RFR landowner; or
b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on records of title
116: Right of first refusal to be recorded on records of title for shared 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 records of title for,—
a: the shared RFR land for which there is a record of title on the RFR date; and
b: the shared RFR land for which a record of title is first created after the RFR date; and
c: land for which there is a record of title that becomes shared RFR land after the RFR date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the RFR date, for shared RFR land for which there is a record of title on the RFR date; or
b: after receiving a notice under section 111
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 the 1 or more 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 record of title for the shared RFR land identified in the certificate that the land is—
a: shared RFR land, as defined in section 90
b: subject to this subpart (which restricts disposal, including leasing, of the land).
117: Removal of notations 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 114(2)
a: the legal description of the land; and
b: the reference for the record of title 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 the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, the Registrar-General must, immediately before registering the transfer or vesting described in the certificate, remove from the record of title identified in the certificate any notation recorded under section 116
118: Removal of notations if notice given under section 91
1: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 114(5)
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: a copy of the notice given under section 91
d: a statement that the certificate is issued under this section.
2: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove from the record of title identified in the certificate any notation recorded under section 116
119: Removal of notations when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends, issue to the Registrar-General a certificate that includes—
a: the reference for each record of title for shared RFR land that still has a notation recorded under section 116
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 the 1 or more 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 notation recorded under section 116 General provisions applying to right of first refusal
120: Waiver and variation
1: The trustees of an offer trust may, by notice to an RFR landowner, waive any or all of the rights those trustees have in relation to the landowner under this subpart.
2: The trustees of an offer trust 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.
121: 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.
122: 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
4: In this section,— constitutional document RFR holder
a: they are the trustees of the offer trust; or
b: they have previously been assigned those rights and obligations under this section.