Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005

1: Title
This Act is the Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Acknowledgements and apology by the Crown to Ngāti Tuwharetoa (Bay of Plenty), and preliminary provisions
3: Purpose
The purpose of this Act is to—
a: record the acknowledgements and apology given by the Crown to Ngāti Tuwharetoa (Bay of Plenty) in the deed of settlement dated 6 June 2003 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Rae Beverley Adlam, the Reverend Canon Robert David Schuster, Tai Tukiwaho Te Riini, and Ani Te Waikaretu Wickliffe for Ngāti Tuwharetoa (Bay of Plenty); and
b: give effect to certain provisions of the deed of settlement, which is a deed that settles the Ngāti Tuwharetoa (Bay of Plenty) historical claims.
4: Act binds the Crown
This Act binds the Crown.
5: 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: Part 1 includes the preliminary provisions relating to the commencement and purpose of the Act and records the acknowledgements and apology given by the Crown to Ngāti Tuwharetoa (Bay of Plenty) in the deed of settlement.
3: Part 2
4: Part 3
a: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngāti Tuwharetoa (Bay of Plenty) historical claims; and
b: consequential amendments to the Treaty of Waitangi Act 1975
c: the effect of the settlement on certain resumptive memorials; and
d: miscellaneous matters relating to the settlement, such as the exclusion of the limit on the duration of a trust
5: Part 4
a: the issue of protocols to the governance entity by the Minister of Conservation, the Minister of Fisheries, and the Minister for Arts, Culture, and Heritage; and
b: the vesting in the governance entity of the fee simple estate in 5 cultural redress properties; and
c: an acknowledgement by the Crown of the statements made by Ngāti Tuwharetoa (Bay of Plenty) of their cultural, spiritual, historical, and traditional association with 7 statutory areas, with provision for entering into deeds of recognition in relation to 5 statutory areas, together with provisions as to the effect of these instruments; and
d: an acknowledgement by the Crown of the statements made by Ngāti Tuwharetoa (Bay of Plenty) of their cultural, spiritual, historical, and traditional association with the geothermal energy and geothermal water located in the Kawerau Geothermal system, together with provisions as to the effect of this instrument; and
e: the establishment of a joint advisory committee to perform specified functions in relation to 3 cultural redress properties and retained sites; and
f: the grant of renewable Nohoanga entitlements over a Nohoanga site; and
g: an acknowledgement of Ngāti Tuwharetoa (Bay of Plenty) values in relation to the site declared as Owhakatihi in the Parimahana Scenic Reserve.
6: Part 5
7: There are 9 schedules that—
a: describe the cultural redress properties; and
b: describe the areas over which statutory acknowledgements are made, and set out the texts of the statements by Ngāti Tuwharetoa (Bay of Plenty) of their association with the areas; and
c: describe the Nohoanga site for the purposes of subpart 5
d: describe the Owhakatihi for the purposes of subpart 6 Section 5(4)﻿(d) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements and apology
Sections 7 to 10
7: Text of acknowledgements in Māori—Ngā Whakaaetanga na te Karauna
The text of the acknowledgements in Māori as set out in the deed of settlement is as follows:
1: E whakaae ana te Karauna, mai ano i te wā o te raupatu kua rapū a Ngāti Tuwharetoa (Bay of Plenty) kia whakaaetia o ratou whakamau, a, kua roa rawa te wā e tariana tenei. Na reira e whakaae ana te Karauna ki te tika o ngā whakamau a Ngāti Tuwharetoa (Bay of Plenty) i roto i ngā tau, na reira e whai iho nei ko ana whakaaetanga.
2: E whakaae ana te Karauna:
a: na tana raupatu i ngā whenua o Ngāti Tuwharetoa (Bay of Plenty) i te Waiariki-ki-te-rāwhiti i raro i Te Ture Whakatau Manene ki Niu Tireni 1863, i tineia te mana tuku iho a te Māori ki runga i te whenua, a, riro tonu atu ngā whenua me ngā rawa o Ngāti Tuwharetoa (Bay of Plenty); a
b: na te raupatu o ngā whenua o Ngāti Tuwharetoa (Bay of Plenty) ka pa te kino ki runga i te noho, te ohanga me te whakapakaritanga o Ngāti Tuwharetoa (Bay of Plenty), ka aukatia te iwi ki ona rawa taiao me ona wāhi tapu, ka whai wāhi hoki ki te noho wehe me te marara o te iwi; a
c: kaore i te tika tana raupatu i ngā whenua o Ngāti Tuwharetoa (Bay of Plenty), i tua atu, he takahitanga tenei o te Tiriti o Waitangi me ona matapono.
3: E whakaae ana te Karauna:
a: i pupū ake i te raupatu, ko te whakatoihara a, na ngā tupuhitanga o te whakahaere o Te Kōti Pāremata ka kino ake te pa mai o taua whakatoihara; a
b: kaore he tikanga o te raupatu whenua, ināra kaore te Karauna i whakahoki ngā whenua katoa o te hunga—ki ta ratou titiro—kaore i roto i ngā mahi i raupatutia ai ngā whenua i te tuatahi; a
c: i whakawhiwhia etahi whenua o Ngāti Tuwharetoa (Bay of Plenty) ki iwi ke. Ko te otinga atu o tenei, i wehe mai etahi o te iwi o Ngāti Tuwharetoa (Bay of Plenty) i ngā whenua kua roa nei e nohia ana e ratou, e whakatipuria ana ki te kai mai ra ano; a
d: na ngā whakawhiti whenua i raro i ngā ture whenua Māori, penei i ngā hoko whenua a te Karauna, ka iti haere te korahi o ngā whenua o Ngāti Tuwharetoa (Bay of Plenty); a
e: i whakawhiwhia e Te Kōti Pāremata me Te Kōti Whenua Māori ngā whenua ki ngā tangata takitahi, apa ngā hapū, te iwi ranei. Kaore tenei i te tika i raro i ngā whakahaere whenua a te Māori, me te mea ano na tenei mahi, ka noho morearea ngā whenua nei, kei wehea, kei hokona; a
f: na enei mahi i raru te noho a-hapori, te mana me te rangatiratanga o Ngāti Tuwharetoa (Bay of Plenty). Kaore i eke te tiaki a te Karauna i a Ngāti Tuwharetoa (Bay of Plenty) i ngā whakawhiunga o enei mahi, na reira he takahitanga tenei o Te Tiriti o Waitangi
4: E whakaae ana te Karauna, ko te pūtanga o te kore nganā a te Karauna ki te tiaki i ngā pānga a Ngāti Tuwharetoa (Bay of Plenty) ki ngā whenua i hiahia te iwi ki te pupūri, kua tata kore nei ngā whenua o te iwi inaianei. I takahi te Karauna i Te Tiriti o Waitangi
5: E whakaae ana te Karauna na:
a: te whakamanatanga o te Geothermal Energy Act 1953 e te Karauna (kaore i whakaae a Ngāti Tuwharetoa); a
b: te rironga atu o te mana whakahaere o Ngāti Tuwharetoa (Bay of Plenty) ki runga i ngā Ngawha o Kawerau; a
c: te whakaparariko i te awa o Tarawera me te takiwa o Ōkākāru.
6: E whakaae ana te Karauna:
a: i whiwhi, i whai hua a Niu Tireni mai i ngā whenua o Ngāti Tuwharetoa (Bay of Plenty) i raupatutia; a
b: ko etahi atu o ngā rawa penei i ngā ngāwhā, i tangohia me te kore whakaae o Ngāti Tuwharetoa (Bay of Plenty); whiwhi katoa a Niu Tireni, mo tānā ora me tānā whanaketanga, i ngā rawa a Ngāti Tuwharetoa (Bay of Plenty); a
c: mai ano i te tau 1840, kua whakaatu mai te nuinga o ngā tangata o Ngāti Tuwharetoa (Bay of Plenty) i te pai o ta ratou noho me te Kāwanatanga. Kua tutuki e Ngāti Tuwharetoa (Bay of Plenty) ona kawenga i raro i Te Tiriti o Waitangi
8: Text of acknowledgements in English
The text of the acknowledgements in English as set out in the deed of settlement is as follows:
1: The Crown acknowledges that the people of Ngāti Tuwharetoa (Bay of Plenty) have sought acknowledgement of their grievances since the raupatu and that recognition of these grievances is long overdue. The Crown hereby acknowledges the legitimacy of the Ngāti Tuwharetoa (Bay of Plenty) historical grievances and makes the following acknowledgements.
2: The Crown acknowledges that:
a: its confiscation of Ngāti Tuwharetoa (Bay of Plenty) lands in the Eastern Bay of Plenty by means of the New Zealand Settlements Act 1863 extinguished Māori customary title to land and deprived Ngāti Tuwharetoa (Bay of Plenty) of tribal lands and resources; and
b: the confiscation of Ngāti Tuwharetoa (Bay of Plenty) lands had a damaging effect on the welfare, economy, and development of Ngāti Tuwharetoa (Bay of Plenty), deprived the iwi of access to its traditional natural resources and wāhi tapu, and contributed significantly to the subsequent dislocation and fragmentation of the iwi; and
c: its confiscation of Ngāti Tuwharetoa (Bay of Plenty) lands was unjust and a breach of the Treaty of Waitangi (Te Tiriti o Waitangi)
3: The Crown acknowledges that:
a: the prejudice created by the confiscation was compounded by inadequacies in the Compensation Court process; and
b: the confiscations were indiscriminate in that the Crown failed to return land in full to those it did not consider to have been involved in the actions that prompted the confiscation; and
c: some Ngāti Tuwharetoa (Bay of Plenty) land was awarded to other iwi. As a result some Ngāti Tuwharetoa (Bay of Plenty) tangata were dislocated from the lands they traditionally occupied and cultivated; and
d: Ngāti Tuwharetoa (Bay of Plenty)’s traditional tribal estate was further reduced by transfer under the native land laws, including Crown purchases; and
e: the Compensation Court and the Native Land Court awarded land to individuals rather than iwi or hapū. This was not consistent with customary tenure and made those lands more susceptible to partition and alienation; and
f: these actions eroded the traditional social structures, mana, and rangatiratanga of Ngāti Tuwharetoa (Bay of Plenty). The Crown failed to adequately protect Ngāti Tuwharetoa (Bay of Plenty) from the impact of these actions and this was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi)
4: The Crown acknowledges that the cumulative effect of the Crown’s actions, particularly its failure to actively protect Ngāti Tuwharetoa (Bay of Plenty) interests in the land they wished to retain has left the iwi virtually landless. The Crown breached the Treaty of Waitangi (Te Tiriti o Waitangi)
5: The Crown acknowledges that the following matters have caused a sense of grievance within Ngāti Tuwharetoa (Bay of Plenty) that is still held today:
a: the passing of the Geothermal Energy Act 1953 by the Crown (without the consent of Ngāti Tuwharetoa (Bay of Plenty)); and
b: Ngāti Tuwharetoa (Bay of Plenty) having lost control of, and access to, the Kawerau Geothermal system; and
c: the pollution and degradation of the Tarawera River and the Okākāru area.
6: The Crown acknowledges that:
a: the lands confiscated from Ngāti Tuwharetoa (Bay of Plenty) have made a valuable contribution to the wealth and development of the nation; and
b: the other resources, such as the geothermal resource, taken without the consent of Ngāti Tuwharetoa (Bay of Plenty), have made a valuable contribution to the wealth and development of the nation; and
c: most Ngāti Tuwharetoa (Bay of Plenty) people have demonstrated a record of co-operation with the Government from 1840. Ngāti Tuwharetoa (Bay of Plenty) has honoured its obligations and responsibilities under the Treaty of Waitangi (Te Tiriti o Waitangi)
9: Text of apology in Māori—Te Whakapaha na te Karauna
The text of the apology in Māori as set out in the deed of settlement is as follows:
1: E aro ana te Karauna ki ngā okeoke a ngā tīpuna o Ngāti Tuwharetoa (Bay of Plenty) i a ratou ka whai i a ratou kereme mo te tika ki te Karauna mai i te wā o te raupatu. I tua atu ka tuku whakapaha te Karauna ki a Ngāti Tuwharetoa (Bay of Plenty), ki o ratou tīpuna me o ratou uri whakaheke.
2: E tino awhitu ana, e tino whakapaha ana te Karauna mo ana takahitanga i Te Tiriti o Waitangi
3: Ko te mea nui, e tino awhitu ana, e tino whakapaha ana te Karauna mo tana raupatu i ngā whenua o Ngāti Tuwharetoa (Bay of Plenty), me ngā whakawhiunga mai i ana mahi i pa ki ngā whakatipūranga, tapae atu ko ngā putanga kino ki te hapori, te ohanga, te taiao me te whakapakaritanga o Ngāti Tuwharetoa (Bay of Plenty).
4: Ka tino awhitu te Karauna mo tana kore aro ki te mana me te rangatiratanga o Ngāti Tuwharetoa (Bay of Plenty).
5: Na reira, i runga i tenei whakapaha, e rapū ana te Karauna kia whakahāngaitia enei he ōna, katahi ia ka tīmata ki te whakapai i te hononga. E rika ana te Karauna kia tu mai tetahi hononga, ko tona putake ko te whakawhirinakitanga me te mahi tahi me Ngāti Tuwharetoa (Bay of Plenty).
10: Text of apology in English
The text of the apology in English as set out in the deed of settlement is as follows:
1: The Crown recognises the struggles of the ancestors of Ngāti Tuwharetoa (Bay of Plenty) in pursuit of their claims for justice against the Crown since the raupatu and hereby makes this apology to Ngāti Tuwharetoa (Bay of Plenty), to their ancestors, and to their descendants.
2: The Crown profoundly regrets and unreservedly apologises for the breaches of the Treaty of Waitangi (Te Tiriti o Waitangi)
3: In particular, the Crown profoundly regrets and unreservedly apologises for its confiscation of Ngāti Tuwharetoa (Bay of Plenty) lands and for the cumulative effect of its actions over the generations, which have had a damaging effect on the welfare, economy, environment, and development of Ngāti Tuwharetoa (Bay of Plenty).
4: The Crown profoundly regrets its failure to acknowledge the mana and rangatiratanga of Ngāti Tuwharetoa (Bay of Plenty).
5: Accordingly, with this apology, the Crown seeks to atone for these wrongs and to begin the process of healing. The Crown looks forward to building a relationship of mutual trust and co-operation with Ngāti Tuwharetoa (Bay of Plenty).
2: Interpretation
11: Interpretation of Act generally
It is the intention of Parliament that the provisions in 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,— archaeological site section 6 business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in a year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of Wellington and Auckland commercial redress property Commissioner of Crown Lands section 2 consent authority section 2(1) Conservation Board section 2(1) conservation document conservation management plan section 2(1) Crown section 2(1) Crown forestry licence section 2(1) cultural redress property Schedule 1 deed of recognition section 53 deed of settlement deed
a: means the deed of settlement dated 6 June 2003 signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Rae Beverley Adlam, the Reverend Canon Robert David Schuster, Tai Tukiwaho Te Riini, and Ani Te Waikaretu Wickliffe for Ngāti Tuwharetoa (Bay of Plenty); and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed, the attachments, or the schedules Director-General section 2(1) DOC protocol section 21
a: sets out how the Department of Conservation will interact with the governance entity on the matters specified in the protocol; and
b: provides for the input of Ngāti Tuwharetoa (Bay of Plenty) into processes of the Department in relation to the matters specified in the protocol; and
c: is in the form set out in Schedule 5.1 of the deed of settlement DOC protocol area effective date encumbrance
a: affects a cultural redress property and is listed in column 3 of Schedule 1
b: affects a commercial redress property and is part of the description of the commercial redress property in Schedules 6.1 and 6.2 of the deed of settlement fisheries legislation
a: the Fisheries Act 1983
b: the Fisheries Act 1996
c: all regulations made under either or both of those Acts that remain in force fisheries protocol section 21
a: sets out how the Ministry of Fisheries will interact with the governance entity on the matters specified in the protocol; and
b: provides for the input of Ngāti Tuwharetoa (Bay of Plenty) into the processes of that Ministry in relation to the matters specified in the protocol; and
c: is in the form set out in Schedule 5.2 of the deed of settlement fisheries protocol area governance entity Heritage New Zealand Pouhere Taonga section 9 licensee member of Ngāti Tuwharetoa (Bay of Plenty) section 13(1) New Zealand Conservation Authority section 2(1) Ngāti Tuwharetoa (Bay of Plenty) Ngāti Tuwharetoa (Bay of Plenty) ancestor section 13 Ngāti Tuwharetoa (Bay of Plenty) area of interest Ngāti Tuwharetoa (Bay of Plenty) historical claims section 14 protected New Zealand objects protocol section 21
a: sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in the protocol; and
b: provides for the input of Ngati Tuwharetoa (Bay of Plenty) into the processes of the Ministry in relation to the matters specified in the protocol; and
c: is in the form set out in Schedule 5.3 of the deed of settlement protected New Zealand objects protocol area Registrar-General section 4 relevant consent authority representative entity
a: the governance entity; and
b: any person (including any trust or trustees) acting for, or on behalf of—
i: the iwi, or the collective group referred to in section 13(1)﻿(a)﻿(i)
ii: any 1 or more of the individuals referred to in section 13(1)﻿(a)﻿(ii)
iii: any 1 or more of the hapū, groups, families, or whānau referred to in section 13(1)﻿(b) resource consent section 87 responsible Minister subpart 1
a: the Minister of Conservation:
b: the Minister of Fisheries:
c: the Minister for Arts, Culture, and Heritage:
d: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 responsible Ministry subpart 1
a: the Department of Conservation:
b: the Ministry of Fisheries:
c: the Ministry for Culture and Heritage:
d: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 river settlement date statutory acknowledgement section 38 subpart 3 statutory area Schedules 4 to 8 statutory plan
a: means a regional policy statement, regional coastal plan, district plan, regional plan, or proposed plan as defined in section 2(1)
b: includes a proposed policy statement or plan provided for in Schedule 1 waterway
a: means a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water, and includes a stream and modified watercourse; and
b: includes coastal waters, including harbours; but
c: does not include an artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal. Section 12 antiquities protocol repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 antiquities protocol area repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 archaeological site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 12 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 12 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 protected New Zealand objects protocol inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 protected New Zealand objects protocol area inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006
13: Meaning of Ngāti Tuwharetoa (Bay of Plenty)
1: In this Act, Ngāti Tuwharetoa (Bay of Plenty)
a: means—
i: the collective group composed of individuals referred to in subparagraph (ii); and
ii: every individual who is—
A: descended from a Ngāti Tuwharetoa (Bay of Plenty) ancestor or ancestors:
B: a member of a hapū, group, family, or whānau referred to in paragraph (b):
C: a whāngai of Ngāti Tuwharetoa (Bay of Plenty); and
b: includes—
i: the hapū of Ngāti Tuwharetoa (Bay of Plenty); and
ii: any hapū, group, family, or whānau composed of individuals referred to in paragraph (a)﻿(ii).
2: In this section and in section 14 Ngāti Tuwharetoa (Bay of Plenty) ancestor
a: by virtue of being descended from—
i: Tuwharetoa:
ii: a recognised ancestor of any of the hapū of Ngāti Tuwharetoa (Bay of Plenty); and
b: predominantly in relation to the Ngāti Tuwharetoa (Bay of Plenty) area of interest at any time after 6 February 1840.
3: In this section,— customary rights
a: rights to occupy land; and
b: rights in relation to the use of—
i: land:
ii: natural or physical resources hapū of Ngāti Tuwharetoa (Bay of Plenty)
a: Umutahi:
b: Te Tawera:
c: Ngāti Peehi:
d: Ngāi Tamarangi:
e: Te Aotahi:
f: Ngāti Poutomuri:
g: Ngāti Iramoko:
h: Ngāti Irawharo:
i: Ngāti Manuwhare whāngai of Ngāti Tuwharetoa (Bay of Plenty)
14: Meaning of Ngāti Tuwharetoa (Bay of Plenty) historical claims
In this Act, Ngāti Tuwharetoa (Bay of Plenty) historical claims
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date) that Ngāti Tuwharetoa (Bay of Plenty) (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, that—
i: is, or is founded on, a right arising—
A: from the Treaty of Waitangi (Te Tiriti o Waitangi)
B: under legislation or at common law (including in relation to aboriginal title or customary law); or
C: from fiduciary duty; or
D: otherwise; and
ii: arises from, or relates to, acts or omissions before 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by, or under, legislation; and
b: includes all claims to the Waitangi Tribunal to which paragraph (a) applies, including the Wai 62 claim (Ngāti Tuwharetoa ki Kawerau Land Claim) made in February 1988 as amended by the following:
i: the undated statement of claims received by the Waitangi Tribunal on 19 October 1990:
ii: the statement of claim dated December 1990 and received by the Waitangi Tribunal on 12 April 1991:
iii: the second amended statement of claim dated 16 October 1995; but
c: does not include the following claims:
i: Wai 411 (Tarawera Forest Claim) filed with the Waitangi Tribunal on 14 June 1993 and amended on 26 April 2000:
ii: Wai 21 (Tasman Company Pollution Claim) filed with the Waitangi Tribunal on 26 April 1985 and amended on 23 October 1992 (except any further amendment to the Wai 21 claim to the extent that the further amendment is a claim referred to in paragraph (a)):
iii: any claim that a member of Ngāti Tuwharetoa (Bay of Plenty), or a hapū, group, family, or whānau referred to in section 13(1)﻿(b)
iv: any claim based on descent from a recognised ancestor of Te Tawera to the extent that the claim is, or is founded on, a right arising from being descended from Awanuiarangi II:
v: any claim that a representative entity may have to the extent that the claim is, or is founded on, a claim referred in subparagraph (iii).
3: Settlement of historical claims and miscellaneous matters
1: Settlement of historical claims
Jurisdiction of courts, etc, removed
15: Settlement of Ngāti Tuwharetoa (Bay of Plenty) historical claims final
1: The settlement of Ngāti Tuwharetoa (Bay of Plenty) historical claims effected under the deed of settlement and this Act 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.
2: Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
3: Despite any other enactment or rule of law, on and from settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: any or all of the Ngāti Tuwharetoa (Bay of Plenty) historical claims; or
b: the deed of settlement; or
c: the redress provided under this Act or under the deed of settlement; or
d: this Act.
4: Subsection (3) 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. Treaty of Waitangi Act 1975 amended Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
16: Jurisdiction of Tribunal to consider claims
Section 16 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Protections no longer apply
17: Certain enactments do not apply
1: Nothing in the enactments listed in subsection (2) applies to a cultural redress property or a commercial redress property.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3
3: This section does not apply to the redress licensed land if the agreement referred to in clause 6.1.2(f) of the deed of settlement is cancelled. Section 17(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Removal of resumptive memorials
1: The chief executive of Land Information New Zealand must, as soon as reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies each certificate of title or computer register that—
a: relates to a cultural redress property or a commercial redress property; and
b: contains a memorial entered under an enactment referred to in section 17(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar-General must, as soon as reasonably practicable after receiving a certificate issued under subsection (1),—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel each memorial that, under an enactment referred to in section 17(2)
2: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
19: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which the governance entity may—
i: exist in law; or
ii: deal with property (including income derived from property); or
b: apply to a document entered into to give effect to the deed of settlement (including the deeds that grant rights of first refusal referred to in clauses 6.4.2 and 6.5.1 of 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. Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19 amended 30 January 2021 section 161 Trusts Act 2019 Date when actions or matters must occur
20: Timing of actions or matters
1: Actions or matters that occur, or are treated as if they had occurred, or are required to occur under this Act occur or take effect on the settlement date.
2: If a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on that other date.
4: Cultural redress
1: Protocols
General provisions
21: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the governance entity in the form set out in Schedules 5.1 to 5.3 of the deed of settlement; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1) at the initiative of either—
a: the governance entity; or
b: the Minister who issued the protocol.
3: The Minister who issued the protocol may amend or cancel that protocol only after consulting with, and having particular regard to the views of, the governance entity.
22: Protocols subject to the Crown’s obligations
Protocols do not restrict—
a: the ability of the Crown to perform its functions and duties and exercise its powers in accordance with the law and government policy, which includes (without limitation) the ability to—
i: introduce legislation and change government policy; and
ii: interact or consult with a person the Crown considers appropriate, including, without limitation, any iwi, hapū, marae, whānau, or other representatives of tangata whenua; or
b: the responsibilities of a responsible Minister and a responsible Ministry.
23: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails without good cause to comply with its obligations under a protocol, the governance entity may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed by the Crown for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs in relation to proceedings referred to in subsection (2).
24: Limitation of rights
1: The DOC protocol does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—
a: the Conservation Act 1987
b: the enactments listed in Schedule 1
2: The fisheries protocol does not have the effect of granting, creating, or providing evidence of, any estate or interest in, or any rights relating to, assets or other property rights held, managed, or administered under fisheries legislation or under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
3: The protected New Zealand objects protocol protected New Zealand objects or ngā taonga tūturu Protected Objects
4: In this section, protected New Zealand object taonga tūturu section 2 Protected Objects Section 24(3) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 24(4) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Noting of certain protocols
25: Noting of DOC protocol
1: The existence of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.
2: The noting of the DOC protocol must include a summary of the terms under which the protocol is issued, as set out in Schedule 5.1 of the deed of settlement.
3: The noting of the DOC protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
26: Noting of fisheries protocol
1: The existence of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol must include a summary of the terms under which the protocol is issued, as set out in Schedule 5.2 of the deed of settlement.
3: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
4: In this section, fisheries plan section 11A
2: Cultural redress properties
Vesting of cultural redress properties
27: Interpretation
In this Act,— Otitapu Lookout Schedule 1 Te Atua Reretahi Schedule 1 Te Kaukahiwi o Tirotirowhetu Schedule 1 Te Wahieroa Schedule 1 Whakapaukorero Schedule 1
28: Te Wahieroa
1: The vesting of Te Wahieroa in the Whakatāne District Council is cancelled.
2: The reservation of Te Wahieroa as a recreation reserve subject to section 17
3: The fee simple estate in Te Wahieroa vests in the governance entity.
4: Te Wahieroa is declared a reserve and classified as a recreation reserve subject to section 17
5: Despite section 16(10)
6: The governance entity is the administering body of Te Wahieroa Recreation Reserve for the purposes of the Reserves Act 1977
29: Te Atua Reretahi
1: Te Atua Reretahi ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Atua Reretahi vests in the governance entity, subject to the conservation covenant referred to in clause 4.2.4 of the deed of settlement.
3: The conservation covenant referred to in subsection (2) must be treated as a conservation covenant for the purposes of section 77
30: Te Kaukahiwi o Tirotirowhetu
1: The reservation of Te Kaukahiwi o Tirotirowhetu as a scenic reserve subject to section 19
2: The fee simple estate in Te Kaukahiwi o Tirotirowhetu vests in the governance entity.
3: Te Kaukahiwi o Tirotirowhetu is declared a reserve and classified as a scenic reserve subject to section 19
4: Despite section 16(10)
5: The governance entity is the administering body of Te Kaukahiwi o Tirotirowhetu Scenic Reserve for the purposes of the Reserves Act 1977
31: Otitapu Lookout
1: The reservation of Otitapu Lookout as a scenic reserve subject to section 19
2: The fee simple estate in Otitapu Lookout vests in the governance entity, subject to the protected private land agreement referred to in clause 4.4.4 of the deed of settlement.
3: The protected private land agreement referred to in subsection (2) must be treated as an agreement for the purposes of section 76
4: The Registrar-General must note a memorial on the computer freehold register of Otitapu Lookout that it is subject to a protected private land agreement.
5: If the parties agree to terminate the protected private land agreement referred to in subsection (2), the Registrar-General must, on receipt of notification to that effect from the Minister of Conservation, remove the notation required by subsection (4) from the computer freehold register that relates to the land.
32: Whakapaukorero
1: The reservation of Whakapaukorero as a scenic reserve subject to section 19
2: The fee simple estate in Whakapaukorero vests in the governance entity.
3: Whakapaukorero is declared a reserve and classified as a historic reserve subject to section 18
4: Despite section 16(10)
5: The governance entity is the administering body of the historic reserve declared by subsection (3) for the purposes of the Reserves Act 1977 Provisions relating to vesting of cultural redress properties
33: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to the encumbrances (if any) listed in column 3 of Schedule 1
34: Intermediate vesting of certain land in the Crown
1: This section applies to the following sites:
a: Otitapu Lookout:
b: Te Kaukahiwi o Tirotirowhetu:
c: Te Wahieroa:
d: Whakapaukorero.
2: When the reserve status of the sites identified in subsection (1) is revoked under this subpart, the sites vest in the Crown as Crown land and are subject to section 82
35: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property that vests in the governance entity by virtue of this Act.
2: The Registrar-General must, on written application by a person authorised by the Director-General, comply with subsections (3) and (4).
3: To the extent that a property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—
a: register the trustees of the governance entity as the proprietor of the fee simple estate in the land; and
b: make those entries in the register and generally do all things necessary to give effect to this subpart and section 4 of the deed of settlement.
4: To the extent that a property does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the name of the trustees of the governance entity, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
5: Subsection (4) applies subject to completing any survey necessary to create a computer freehold register.
6: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date but no later than—
a: 24 months after the vesting of the property in the governance entity; or
b: any later date that may be agreed in writing by the governance entity and the Crown.
36: Application of other enactments
1: Sections 24 25
2: Sections 78(1)﻿(a) 79 to 81
3: Section 11 Part 10
a: the vesting in the governance entity of the fee simple estate in a cultural redress property under this subpart; or
b: a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in a cultural redress property under this subpart.
4: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit sections 10 11
b: affect private rights to subsurface minerals.
5: The vesting in the governance entity of a fee simple estate in a cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: Statutory acknowledgements and deeds of recognition
Statutory acknowledgements
37: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Ngāti Tuwharetoa (Bay of Plenty) of the particular cultural, spiritual, historical, and traditional association of Ngāti Tuwharetoa (Bay of Plenty) with the statutory areas listed in Schedule 3 Schedules 4 to 8
38: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 39 to 41
b: to require relevant consent authorities to forward summaries of resource consent applications to the governance entity, as provided for in section 43
c: to enable the governance entity and a member of Ngāti Tuwharetoa (Bay of Plenty) to cite the statutory acknowledgements as evidence of the association of Ngāti Tuwharetoa (Bay of Plenty) with the relevant statutory areas, as provided for in section 44
d: to provide a statement by Ngāti Tuwharetoa (Bay of Plenty) for inclusion in a deed of recognition of the association of Ngāti Tuwharetoa (Bay of Plenty) with a statutory area.
2: This section does not limit the operation of sections 59 to 62 Section 38(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
39: Relevant consent authorities to have regard to statutory acknowledgements
1: From the effective date, a relevant consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C
2: Subsection (1) does not limit the obligations of a relevant consent authority under Part 2
40: Environment Court to have regard to statutory acknowledgements
1: From the effective date, the Environment Court must have regard to a statutory acknowledgement in determining under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under Part 2
41: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1) Section 41 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
42: Recording statutory acknowledgements on statutory plans
1: From the effective date, relevant consent authorities must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
2: The attachment of information under subsection (1) to a statutory plan—
a: may be by reference to this subpart or by setting out the statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan (unless adopted by the relevant consent authority); or
ii: subject to the provisions of Schedule 1
43: Distribution of resource consent applications to governance entity
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the governance entity a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.
2: The information provided under subsection (1) must be—
a: the same as would be provided under section 93
b: provided as soon as is reasonably practicable after the application is received, and before a determination is made under sections 93 to 94C
3: The governance entity may, by notice in writing to a relevant consent authority,—
a: waive its rights to be notified under this section; and
b: state the scope of that waiver.
4: This section does not affect the obligation of a relevant consent authority to—
a: notify an application in accordance with sections 93 to 94C
b: form an opinion as to whether the governance entity is a person that is likely to be adversely affected under those sections.
44: Use of statutory acknowledgement
1: The governance entity and a member of Ngāti Tuwharetoa (Bay of Plenty) may, as evidence of the association of Ngāti Tuwharetoa (Bay of Plenty) with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: relevant consent authorities:
b: the Environment Court:
c: Heritage New Zealand Pouhere Taonga:
d: parties to proceedings before those bodies:
e: any other person able to participate in those proceedings.
3: Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Neither the governance entity nor a member of Ngāti Tuwharetoa (Bay of Plenty) is precluded from stating that Ngāti Tuwharetoa (Bay of Plenty) have an association with a statutory area that is not described in the statutory acknowledgement.
5: The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4). Section 44(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 44(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Geothermal statutory acknowledgement
45: Interpretation
In this subpart— geothermal energy geothermal water
a: have the same meanings as in section 2(1)
b: for the purposes of paragraph (a), do not include any geothermal energy or geothermal water above the ground on land that is not owned by the Crown geothermal statutory acknowledgement section 46 Kawerau Geothermal system
46: Geothermal statutory acknowledgement by the Crown
The Crown acknowledges the statements made by Ngāti Tuwharetoa (Bay of Plenty) of their particular cultural, spiritual, historical, and traditional association with, and use of, the geothermal energy and geothermal water located in the Kawerau Geothermal system as set out in Schedule 5.16 of the deed of settlement.
47: Purposes of geothermal statutory acknowledgement
1: The only purposes of the geothermal statutory acknowledgement are—
a: to require relevant consent authorities and the Environment Court to have regard to the geothermal statutory acknowledgement, as provided for in sections 48 49
b: to require relevant consent authorities to forward summaries of certain kinds of resource consent applications to the governance entity, as provided for in section 51
c: to enable the governance entity and a member of Ngāti Tuwharetoa to cite the geothermal statutory acknowledgement as evidence of the association of Ngāti Tuwharetoa (Bay of Plenty) with, and use by Ngāti Tuwharetoa (Bay of Plenty) of, the geothermal energy and geothermal water located in the Kawerau Geothermal system, as provided for in section 52
2: This section does not limit the operation of sections 59 to 62
48: Relevant consent authorities to have regard to geothermal statutory acknowledgement
1: From the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement relating to the Kawerau Geothermal system in forming an opinion in accordance with sections 93 to 94C
2: Subsection (1) does not limit the obligations of a consent authority under Part 2
49: Environment Court to have regard to geothermal statutory acknowledgement
1: From the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement relating to the Kawerau Geothermal system in determining under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under Part 2
50: Recording geothermal statutory acknowledgement on statutory plans
1: From the effective date, relevant consent authorities must attach to all statutory plans that cover wholly or partly the Kawerau Geothermal system information recording the geothermal statutory acknowledgement.
2: The attachment of information under subsection (1) to a statutory plan—
a: may be by reference to this subpart or by setting out the geothermal statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan (unless adopted by the relevant consent authority); or
ii: subject to the provisions of Schedule 1
51: Distribution of resource consent applications to governance entity
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the governance entity a summary of resource consent applications received by that consent authority in respect of the geothermal energy or geothermal water located in the Kawerau Geothermal system.
2: The information provided under subsection (1) must be—
a: the same as would be given under section 93
b: provided as soon as reasonably practicable after the application is received, and before a determination is made under sections 93 to 94C
3: The governance entity may, by notice in writing to a relevant consent authority,—
a: waive its rights to be notified under this section; and
b: state the scope of that waiver.
4: This section does not affect the discretion of a relevant consent authority to—
a: notify an application under sections 93 to 94C
b: determine whether the governance entity is a person who may be adversely affected under those sections.
52: Use of geothermal statutory acknowledgement
1: The governance entity and a member of Ngāti Tuwharetoa (Bay of Plenty) may, as evidence of the association of Ngāti Tuwharetoa (Bay of Plenty) with, and use by Ngāti Tuwharetoa (Bay of Plenty) of, the geothermal energy and geothermal water located in the Kawerau Geothermal system, cite the geothermal statutory acknowledgement in submissions to, and in proceedings before, a consent authority or the Environment Court concerning the taking, use, damming, or diverting of any geothermal energy or geothermal water from a site located in the Kawerau Geothermal system.
2: The content of the statement of association, as recorded in the geothermal statutory acknowledgement, is not, by virtue of the acknowledgement, binding as deemed fact on—
a: consent authorities:
b: the Environment Court:
c: parties to proceedings before those bodies:
d: any other person able to participate in those proceedings.
3: Despite subsection (2), the geothermal statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Neither the governance entity nor a member of Ngāti Tuwharetoa (Bay of Plenty) is precluded from stating that Ngāti Tuwharetoa (Bay of Plenty) has an association with the geothermal energy or geothermal water located in the Kawerau Geothermal system that is not described in the geothermal statutory acknowledgement.
5: The content and existence of the geothermal statutory acknowledgement do not limit a statement made under subsection (4). Deeds of recognition
53: Authorisation to enter into and amend deeds of recognition
A Minister of the Crown with statutory responsibility for land within a statutory area, or the Commissioner of Crown Lands, may—
a: enter into deeds of recognition with the governance entity—
i: in respect of the land within the statutory areas referred to in Schedule 3
ii: on the terms and conditions set out for each statutory area (or part of an area) in Schedules 5.9 to 5.15 of the deed of settlement:
b: amend a deed of recognition by entering into a deed with the governance entity to amend that deed of recognition.
54: Purpose of deed of recognition
1: The only purpose of a deed of recognition is to require that the governance entity be consulted, and regard be had to its views, as provided for in the deed of settlement and in each deed of recognition.
2: Subsection (1) does not limit or affect sections 59 to 62
55: Termination of deed of recognition
A deed of recognition terminates in respect of a statutory area or part of it if—
a: the governance entity and a Minister of the Crown with statutory responsibility for land within a statutory area or the Commissioner of Crown Lands agree in writing that a deed of recognition is no longer appropriate for the area concerned; or
b: the area concerned is disposed of by the Crown; or
c: there is a change in the Minister or the department responsible for the management of the area concerned.
56: Crown management
The entry into a deed of recognition does not, in relation to a statutory area to which the deed of recognition applies,—
a: require the Crown to increase or resume management or administrative functions; or
b: preclude the Crown from undertaking only limited management or administrative functions. Application of statutory acknowledgements and deeds of recognition in relation to rivers
57: Statutory acknowledgements in relation to rivers
If a statutory acknowledgement relates to a river, the river does not include—
a: a part of the bed of the river that is not owned by the Crown; or
b: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
c: an artificial watercourse; or
d: a tributary flowing into the river.
58: Deed of recognition for rivers
If a deed of recognition relates to a river, that deed of recognition relates only to the bed of the river, which does not include—
a: a part of the bed that is not owned and managed by the Crown; or
b: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
c: the bed of an artificial watercourse; or
d: the bed of a tributary flowing into the river. General provisions
59: Crown not precluded from granting other statutory acknowledgements, geothermal statutory acknowledgement, or deeds of recognition
Neither the provision of a statutory acknowledgement nor the geothermal statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngāti Tuwharetoa (Bay of Plenty) or the governance entity with respect to the same statutory area, or the geothermal energy or geothermal water located in the Kawerau Geothermal system.
60: Exercise of powers, duties, and functions not affected
1: Except as expressly provided in this subpart,—
a: neither a statutory acknowledgement nor the geothermal statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the association with, or use by, Ngāti Tuwharetoa (Bay of Plenty) of a statutory area or the geothermal energy or geothermal water located in the Kawerau Geothermal system (as described in the relevant statutory acknowledgement or deed of recognition) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area or the geothermal energy or geothermal water located in the Kawerau Geothermal system.
2: Subsection (1)﻿(b) does not affect the operation of subsection (1)﻿(a).
61: Rights not affected
Except as expressly provided in this subpart, neither a statutory acknowledgement nor the geothermal statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the deed of settlement.
62: Limitation of rights
Except as expressly provided in this subpart, neither a statutory acknowledgement nor the geothermal statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,—
a: a statutory area; or
b: the geothermal energy or geothermal water located in the Kawerau Geothermal system; or
c: the Kawerau Geothermal system. Amendment to Resource Management Act 1991
63: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
4: Joint advisory committee for Matata Scenic Reserve, Whakapaukorero, and Te Awa a Te Atua
64: Interpretation
In this subpart, unless the context otherwise requires,— joint advisory committee committee subpart 4 Minister Whakapaukorero section 27
65: Appointment of members to joint advisory committee
1: In addition to the members appointed under section 60(1)
2: Section 60(2) to (4)
66: Constitution of joint advisory committee
In addition to the members referred to in section 61 section 65
67: Functions of joint advisory committee
In addition to the functions of the joint advisory committee specified in section 62
68: Advice on Whakapaukorero
The governance entity must have regard to the advice of the joint advisory committee in relation to conservation matters affecting Whakapaukorero.
69: Vacancy in membership of committee
No act or proceeding of the joint advisory committee is invalid merely because of a failure of the governance entity to nominate persons as members of the committee under section 65
70: Costs and expenses of committee
The governance entity must meet the costs relating to the joint advisory committee as set out in clause 5.8.6 of the deed of settlement.
5: Nohoanga entitlements
71: Interpretation
In this subpart, unless the context otherwise requires,— entitlement land land holding agent Nohoanga entitlement
a: under this subpart; and
b: over the site described in Schedule 2 section 89 section 90
c: on the terms and conditions referred to in section 72(3) Nohoanga site
a: described in Schedule 2
b: granted as a replacement site under section 89 section 90
72: Grant and renewal of Nohoanga entitlements
1: The Crown must, in accordance with this subpart, grant to the governance entity a Nohoanga entitlement over each Nohoanga site.
2: The grant of a Nohoanga entitlement must be for an initial term of 10 years beginning on the settlement date.
3: The grant referred to in subsection (1) must be made on the terms and conditions referred to in Schedule 5.18 of the deed of settlement, or as varied in accordance with section 74
4: Ngāti Tuwharetoa (Bay of Plenty) may renew a Nohoanga entitlement for further terms of 10 years unless the entitlement is terminated under section 89 section 90
73: Notification of Nohoanga entitlement
1: The land holding agent must notify the grant of a Nohoanga entitlement in the Gazette
2: The chief executive of Land Information New Zealand must note in his or her records the grant of an entitlement and the notice in the Gazette
3: Subsections (1) and (2) apply to the renewal of a Nohoanga entitlement as if it were the grant of the Nohoanga entitlement.
74: Form of Nohoanga entitlement may be varied
1: The form of a Nohoanga entitlement granted under section 72
a: the addition, at the time of the grant of a Nohoanga entitlement, of terms reasonably required by the Crown to protect and preserve—
i: the land over which the Nohoanga entitlement is granted:
ii: the surrounding land:
iii: associated flora and fauna; or
b: agreement between the land holding agent and the governance entity.
2: Additional terms and terms varied under subsection (1) must be in writing and must not be inconsistent with this subpart.
75: Purpose of Nohoanga entitlements
A Nohoanga entitlement is granted to the governance entity for the purpose of permitting members of Ngāti Tuwharetoa (Bay of Plenty) to occupy land, temporarily, exclusively, and on a non-commercial basis,—
a: so as to have access to a waterway for lawful fishing; and
b: for the lawful gathering of other natural resources in the vicinity of the entitlement land.
76: Occupation of entitlement land by members of Ngāti Tuwharetoa (Bay of Plenty)
1: The governance entity has the right to permit members of Ngāti Tuwharetoa (Bay of Plenty) to occupy entitlement land—
a: for the purpose of the entitlement, as set out in section 75
b: to the exclusion of other persons during the period or periods that it exercises the right to occupy the land.
2: Subsection (1) applies subject to sections 77 to 82
77: Period of occupation of entitlement land
1: The governance entity may permit members of Ngāti Tuwharetoa (Bay of Plenty) to occupy the entitlement land for any period or periods in a calendar year that do not exceed 210 days in total.
2: The governance entity must not permit members of Ngāti Tuwharetoa (Bay of Plenty) to occupy the entitlement land in a calendar year during the period beginning on 1 May and ending at the close of 15 August.
78: Right to erect temporary dwellings
1: The governance entity may permit members of Ngāti Tuwharetoa (Bay of Plenty), while occupying the entitlement land under a Nohoanga entitlement, to erect camping shelters or similar temporary dwellings on the land.
2: The governance entity must ensure the removal of camping shelters or similar temporary dwellings erected on entitlement land whenever the right to occupy the entitlement land is not being exercised.
79: Condition of land when occupation ceases
1: The governance entity must, whenever members of Ngāti Tuwharetoa (Bay of Plenty) permitted to occupy entitlement land under section 76
2: The requirement to leave the site in substantially the same condition under subsection (1) includes the obligation to remove rubbish and waste from the entitlement land and any adjacent reserve.
3: Subsection (1) does not apply to temporary effects normally associated with occupation of entitlement land under a Nohoanga entitlement.
80: Activities on entitlement land
1: This section applies subject to section 78
2: The governance entity may, with the consent of the land holding agent, undertake other activities on entitlement land that are reasonably necessary for the Nohoanga entitlement to be used for the purpose set out in section 75
3: When applying for the land holding agent’s consent, the governance entity must provide to the land holding agent details relating to the proposed activities, including (but not limited to)—
a: the effect of the activities—
i: on the entitlement land; and
ii: if the entitlement land is held under the Conservation Act 1987 Schedule 1
b: measures that the governance entity proposes to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate adverse effects.
4: In considering whether to give consent in relation to land held under the Conservation Act 1987 Schedule 1
5: The giving of consent is at the complete discretion of the land holding agent.
6: The land holding agent may give consent subject to any conditions that he or she thinks fit to impose.
7: Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 Schedule 1
8: If the Crown has complied with its obligations under a Nohoanga entitlement, the Crown is not liable to compensate the governance entity (whether on termination of a Nohoanga entitlement or at another time) for activities undertaken by the governance entity on the entitlement land. Obligations relating to Nohoanga entitlements
81: Nohoanga entitlements must not impede public access
The grant and exercise of a Nohoanga entitlement must not impede access by members of the public along a waterway.
82: Crown functions to continue
The grant and exercise of a Nohoanga entitlement does not prevent agents of the Crown or persons exercising statutory powers from undertaking their functions in relation to the entitlement land.
83: Nohoanga entitlement does not restrict the Crown’s right to alienate land
The grant and exercise of a Nohoanga entitlement does not restrict the Crown’s right to alienate any entitlement land, land adjacent to the entitlement land, or land adjacent to a waterway.
84: Governance entity may enforce rights against other persons
While members of Ngāti Tuwharetoa (Bay of Plenty) are occupying entitlement land under a Nohoanga entitlement, the governance entity may enforce its rights under the Nohoanga entitlement against persons who are not parties to the deed of settlement as if the governance entity were the owner of the entitlement land.
85: Crown’s obligation to provide lawful access
1: If an event described in subsection (2) occurs during the term of a Nohoanga entitlement, the Crown must ensure that the governance entity continues, for the rest of the term, to have the same type of lawful access to the entitlement land as it had before the event occurred.
2: The events are—
a: the alienation by the Crown of land adjacent to entitlement land:
b: a change in the classification or status of land adjacent to the entitlement land.
3: The Crown’s obligation in subsection (1) is subject to compliance with all applicable provisions in or under any other enactment.
86: Compliance with laws, bylaws, and land and water management practices
1: The governance entity, members of Ngāti Tuwharetoa (Bay of Plenty) permitted to occupy the entitlement land under section 76
2: The land holding agent, in carrying out land and water management practices that relate to the entitlement land, must—
a: have regard to the existence of a Nohoanga entitlement; and
b: notify the governance entity of an activity that may adversely affect the governance entity’s use of the land; and
c: avoid unreasonable disruption to the governance entity’s use of the land.
3: The governance entity is subject to any requirement to apply for resource consents for activities on the entitlement land.
4: Subsection (3) does not limit subsection (1).
5: In this section, activities section 80
87: Rights of governance entity under Nohoanga entitlement not assignable
The rights of the governance entity under a Nohoanga entitlement are not assignable. Suspension and termination of Nohoanga entitlement
88: Suspension of Nohoanga entitlement
1: The land holding agent may suspend a Nohoanga entitlement in accordance with this section.
2: The land holding agent must not suspend a Nohoanga entitlement unless he or she first—
a: consults the governance entity; and
b: has particular regard to the views of the governance entity.
3: The land holding agent must not suspend a Nohoanga entitlement unless he or she considers the suspension necessary for the management of the land, having regard to the purposes for which the land is held by the land holding agent.
4: If a Nohoanga entitlement is suspended, the governance entity may, after the end of the suspension, permit members of Ngāti Tuwharetoa (Bay of Plenty) to occupy the entitlement land for a period equal to the period of the suspension.
5: The occupation of the entitlement land under subsection (4) is not subject to the restriction under section 77(2)
89: Termination of Nohoanga entitlement
1: The governance entity and the Crown may terminate a Nohoanga entitlement by agreement in writing.
2: The Crown may terminate a Nohoanga entitlement by giving written notice to the governance entity on 1 or more of the following grounds:
a: that the Crown has alienated the entitlement land:
b: that the entitlement land has, by a natural cause, been destroyed or permanently and detrimentally affected:
c: that the entitlement land is on reserve land that is required for the specific purpose for which it was originally set apart as a reserve:
d: that the entitlement land was an unformed legal road that is now formed:
e: subject to section 85
3: On the termination of a Nohoanga entitlement under this section, the Crown must take all reasonable steps to grant replacement entitlement land to the governance entity.
4: Subsection (3) does not apply in relation to a Nohoanga entitlement if the fee simple estate in the entitlement land is vested in the governance entity.
5: The grant of replacement entitlement land under subsection (3) must be over land that—
a: complies with clause 5.6.4 of the deed of settlement; and
b: is identified by similar processes used by the Crown and Ngāti Tuwharetoa (Bay of Plenty) to identify entitlement land before entering into the deed of settlement.
90: Termination of Nohoanga entitlement for breach of obligations
1: This section applies if the governance entity defaults in performing any of its obligations under a Nohoanga entitlement.
2: If the default is capable of remedy, the Crown may give notice to the governance entity in writing, specifying the default and the remedy for the default required by the Crown.
3: The remedy required by the Crown must be reasonable in the circumstances.
4: If, at the end of 41 business days after notice is given by the Crown under subsection (2), the governance entity has not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the governance entity.
5: If the default is not capable of remedy, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the governance entity.
6: The governance entity may, not earlier than 2 years after the termination of a Nohoanga entitlement under this section, apply to the Minister of Māori Affairs for the grant of a replacement Nohoanga entitlement that complies with clause 5.6.4 of the deed of settlement.
7: On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Nohoanga entitlement over land that—
a: complies with clause 5.6.4 of the deed of settlement; and
b: is identified by similar processes used by the Crown and Ngāti Tuwharetoa (Bay of Plenty) to identify Nohoanga entitlements before entering into the deed of settlement.
91: Notification of termination of Nohoanga entitlement
1: If a Nohoanga entitlement is terminated under section 89 section 90 Gazette
2: The chief executive of Land Information New Zealand must note in his or her records the termination of the Nohoanga entitlement and its notification in the Gazette Rights not affected or created
92: Rights of other parties not affected
Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
93: No creation of rights in entitlement land
Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the entitlement land. Application of other enactments
94: Part 3B of Conservation Act 1987 not to apply
Part 3B
95: Local Government (Rating) Act 2002
1: To avoid doubt, section 8(1) and (3)
2: The governance entity must reimburse the person paying the rates under section 9
96: Section 44 of Reserves Act 1977 not to apply
Section 44
97: Section 11 and Part 10 of Resource Management Act 1991 not to apply
The grant of a Nohoanga entitlement is not a subdivision for the purposes of section 11 Part 10
6: Owhakatihi
98: Meaning of Ngāti Tuwharetoa (Bay of Plenty) values
In this subpart, Ngāti Tuwharetoa (Bay of Plenty) values Schedule 9
99: Declaration of Owhakatihi
The site described in Schedule 9
100: Crown’s acknowledgement of Ngāti Tuwharetoa (Bay of Plenty) values
The Crown acknowledges the statement by Ngāti Tuwharetoa (Bay of Plenty) of Ngāti Tuwharetoa (Bay of Plenty) values in relation to the Owhakatihi.
101: Purposes of Owhakatihi
1: The only purposes of the Crown declaring the Owhakatihi under section 99 section 100
a: enable agreement on protection principles under section 102
b: give effect to the requirement that the New Zealand Conservation Authority and relevant Conservation Boards have particular regard to Ngāti Tuwharetoa (Bay of Plenty) values and the protection principles, as provided in sections 103 104
c: enable the taking of action under sections 106 to 110
2: This section does not limit sections 113 to 115
102: Agreement on protection principles
The governance entity and the Crown may agree on specific protection principles that aim to avoid harm to, or diminution of, the Ngāti Tuwharetoa (Bay of Plenty) values in relation to the Owhakatihi.
103: New Zealand Conservation Authority and Conservation Boards to have particular regard to Ngāti Tuwharetoa (Bay of Plenty) values
When the New Zealand Conservation Authority or any Conservation Board approves or otherwise considers any general policy or conservation documents in relation to the Owhakatihi, it must have particular regard to—
a: Ngāti Tuwharetoa (Bay of Plenty) values in relation to the Owhakatihi; and
b: any protection principles agreed between the governance entity and the Crown under section 102
104: New Zealand Conservation Authority and relevant Conservation Boards to consult with governance entity
The New Zealand Conservation Authority or relevant Conservation Board must consult with the governance entity and have particular regard to its views as to the effect on Ngāti Tuwharetoa (Bay of Plenty) values in relation to the Owhakatihi of any general policy or conservation document referred to in section 103
105: Notification of Owhakatihi
1: The declaration of the Owhakatihi must be identified and described in all conservation documents affecting the site.
2: The noting of the Owhakatihi under subsection (1)—
a: is for the purpose of public notice only; and
b: is not an amendment to a conservation document for the purposes of section 17I section 46
106: Actions by Director-General
1: On notification by the Minister of Conservation in the Gazette section 102
2: The Director-General retains a complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the governance entity of what action the Director-General intends to take under subsection (1).
4: If requested in writing by the governance entity, the Director-General must not take action in respect of the protection principles to which the request relates.
107: Amendment to conservation documents
1: The Director-General may initiate an amendment of a conservation document to incorporate objectives relating to protection principles (including a recommendation to make regulations or bylaws).
2: The Director-General must consult with affected Conservation Boards before initiating an amendment under subsection (1).
3: An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
4: This section does not limit section 106(2)
108: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for the following purposes:
a: to provide for the implementation of objectives included in conservation documents under section 107(2)
b: to regulate or prohibit activities or conduct by members of the public in relation to the Owhakatihi:
c: to create offences in respect of the contravention of any regulations made under paragraph (b), and providing for the imposition of fines—
i: not exceeding $5,000 for those offences; and
ii: for a continuing offence, an amount not exceeding $50 for every day during which the offence continues.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 108(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
109: Bylaws
1: The Minister of Conservation may make bylaws for the following purposes:
a: to provide for the implementation of objectives included in conservation documents under section 107(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to the Owhakatihi:
c: to create offences in respect of the contravention of any bylaws made under paragraph (b), and providing for the imposition of fines—
i: not exceeding $1,000 for those offences; and
ii: for continuing offences, an amount not exceeding $50 for every day during which the offence continues.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker is not required to publish it. However, the Director-General must comply with section 110(3) LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 109(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
110: Notification of actions in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration of the Owhakatihi; and
b: any protection principles agreed under section 102
2: The Director-General may, at his or her discretion, notify in the Gazette sections 106 to 108
3: The Director-General must notify in the Gazette section 109
111: Existing classification of Owhakatihi
The purpose or classification of an area as a national park, conservation area, or reserve is not affected by the fact that the area is, or is in, the Owhakatihi.
112: Termination of status
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the Owhakatihi is no longer an Owhakatihi.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the governance entity and the Minister of Conservation have agreed in writing that the status as an Owhakatihi is no longer appropriate for the area concerned; or
b: the area concerned is alienated by the Crown; or
c: the responsibility for managing the area concerned is transferred to another Minister of the Crown or department.
3: Subsection (4) applies if—
a: either of subsection (2)﻿(b) or (c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the Owhakatihi.
4: If this subsection applies, the Crown must take reasonable steps to ensure that the governance entity continues to have input into the management of the Owhakatihi, or that part of it affected by the alienation or change in management responsibility, through negotiation with the governance entity by—
a: the Minister of the Crown responsible for the new management or the management regimes; or
b: the Commissioner of Crown Lands; or
c: any other responsible officer.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 112(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
113: Exercise of powers, duties, and functions
1: Nothing in section 99 section 100
2: No person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāti Tuwharetoa (Bay of Plenty) values than that person or entity would give under the relevant statute, regulation, or bylaw, if the area were not an Owhakatihi and Ngāti Tuwharetoa (Bay of Plenty) values had not been acknowledged in relation to the area.
3: Subsection (2) does not limit the operation of subsection (1).
4: This section applies subject to the other express provisions of this subpart.
114: Rights not affected
1: Sections 99 100
2: This section applies subject to the express provisions of this subpart.
115: Limitation of rights
1: Sections 99 100
2: This section applies subject to the other express provisions of this subpart.
5: Commercial redress
Transfer of commercial redress properties
116: Transfer of commercial redress properties
1: To give effect to clause 6.3 of the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in a commercial redress property to the governance entity:
b: sign a memorandum of transfer or other document, or do any other thing, to execute such a transfer.
2: In exercising the powers conferred by subsection (1), the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial redress property.
3: Subsection (2) applies subject to section 119(2)
117: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement over conservation land required by clause 6.3.6 of the deed of settlement.
2: An easement granted under subsection (1)—
a: is registrable under section 17ZA(2)
b: is enforceable on its terms despite Part 3B
3: In this section, conservation land Conservation Act 1987
118: Creation of computer register
1: This section applies to a commercial redress property to the extent that—
a: the property is not all of the land contained in a certificate of title or computer freehold register; or
b: there is no certificate of title or computer freehold register for all or part of the property.
2: The Registrar-General must, on written application by an appropriate person, comply with subsection (3).
3: The Registrar-General must, in accordance with the application, create 1 or more computer freehold registers in the name of the Crown subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
4: A computer freehold register created in accordance with subsection (3) must be created in the name of the Crown without any statement of purpose.
5: The appropriate person may grant a covenant to arrange for the later creation of 1 or more computer freehold registers for a property that is to be transferred to the governance entity.
6: Despite the Land Transfer Act 1952
a: the appropriate person may request the Registrar-General to register a covenant referred to in subsection (5) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
7: In this section, appropriate person
119: Application of other enactments
1: Nothing in section 11 Part 10
a: the transfer to the governance entity of a commercial redress property in accordance with this Act; or
b: any matter incidental to, or required for the purpose of, that transfer.
2: The transfer of a commercial redress property in accordance with this Act does not—
a: limit sections 10 11
b: affect private rights to subsurface minerals.
3: The transfer of a commercial redress property in accordance with this Act is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
120: Roadways and rights of way
The permission of a council under section 348 Redress licensed land
121: Meaning of redress licensed land
In this section, and sections 122 to 127 redress licensed land
a: means the land described in Schedule 6.2 of the deed of settlement and shown on SO 306594, South Auckland Land District; but
b: excludes—
i: all trees growing or standing or, in the case of windthrow, lying on those areas of land; and
ii: all improvements that have been acquired by any purchaser of the trees on those areas of land or made by the purchaser or the licensee redress licensed land settlement date
122: Redress licensed land ceases to be Crown forest land
The redress licensed land ceases to be Crown forest land immediately on registration of the fee simple estate in the governance entity.
123: Governance entity confirmed beneficiary in respect of redress licensed land
1: On and from the redress licensed land settlement date, the governance entity is, in relation to the redressed licensed land,—
a: the confirmed beneficiary under clause 11.1 of the Crown forestry rental trust deed; and
b: the representative referred to in clause 11.5(c) of that deed.
2: On the redress licensed land settlement date, the Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
3: Notice given by the Crown under subsection (2) has effect as if the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
4: In this section, Crown forestry rental trust deed section 34
124: Effect of Crown forestry licences on redress licensed land
1: On and from the redress licensed land settlement date, the governance entity is the licensor under any Crown forestry licences in relation to the redress licensed land as if that land had been returned to Maori ownership under section 36
2: To the extent that the Crown has not completed the process described in clause 17.4 of the Crown forestry licences in relation to the redress licensed land before the redress licensed land settlement date, it must continue the process after that date until its completion.
3: For the period from the redress licensed land settlement date until the completion by the Crown of the process referred to in subsection (2), the licence fee payable under the Crown forestry licence in respect of the redress licensed land is the amount described in clause 6.3.5(a) of the deed of settlement.
4: To avoid doubt, section 36(1)﻿(b) Rights of access over redress licensed land
125: Access to protected sites over redress licensed land
1: On and from the redress licensed land settlement date, the owner of the redress licensed land, or any person holding an interest or occupancy right from the owner, must allow Māori for whom a protected site is of special spiritual, cultural, or historical significance to have access over the redress licensed land to that site.
2: The right of access under subsection (1) may be exercised by vehicle over any existing reasonably convenient routes or on foot over any reasonably convenient route specified, in each case, by the owner subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise the right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right must observe any reasonable conditions imposed by the owner—
i: that relate to the time, location, or manner of access; and
ii: that are reasonably required for public safety or for the protection of land, improvements, flora and fauna, plant, equipment, and livestock, or for operational reasons.
3: In this section, protected site
a: becomes a registered place within the meaning of the Heritage New Zealand Pouhere Taonga Act 2014
b: is wāhi tapu or a wāhi tapu area within the meaning of that Act. Section 125(3)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
126: Right of access subject to Crown forestry licence
1: The right of access conferred by section 125
2: An amendment to a Crown forestry licence, or the grant of a new licence, is of no effect to the extent that it purports to—
a: delay the date from which a person who has a right of access under section 125
b: otherwise adversely affect the right conferred by section 125.
127: Right of access must be noted on title
A memorandum of transfer referred to in section 116 section 125