Ngāti Apa (North Island) Claims Settlement Act 2010

1: Title
This Act is the Ngāti Apa (North Island) Claims Settlement Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters
1: Preliminary provisions and acknowledgement and apology
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and the apology offered by the Crown to Ngāti Apa (North Island) in the deed of settlement dated 8 October 2008 and signed by—
i: the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, the Minister of Māori Affairs, the Honourable Parekura Horomia, and the Associate Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Mita Ririnui for the Crown; and
ii: Lillian Ruihi Manawaroa Te Aweawe, Ropata Te Hina, Arikihanara Mare Mare, and Mariana Shenton for Ngāti Apa (North Island); and
b: to give effect to certain provisions of the deed of settlement, which is a deed that settles the Ngāti Apa (North Island) 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: The preamble sets out the historical account given in Part 2 of the deed of settlement.
3: This Part—
a: sets out the purpose of this Act, records the acknowledgements and apology given by the Crown to Ngāti Apa (North Island) in the deed of settlement, and specifies that the Act binds the Crown; and
b: defines terms used in this Act, including key terms such as Ngāti Apa (North Island) and historical claims; and
c: provides that the settlement of the historical claims is final; and
d: provides for—
i: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: consequential amendments 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
4: Part 2
a: protocols to be issued to the trustees by the Minister of Conservation, the Minister of Fisheries, and the Minister for Arts, Culture and Heritage; and
b: an acknowledgement by the Crown of the statements made by Ngāti Apa (North Island) of their cultural, spiritual, historical, and traditional association with 9 statutory areas, and the effect of that acknowledgement; and
c: deeds of recognition between the Crown and the trustees; and
d: the vesting in the trustees of the fee simple estate in 17 cultural redress properties and subsequent management arrangements in relation to various sites; and
e: the alteration of place names.
5: Part 3
6: There are 2 schedules that—
a: describe the 9 statutory areas to which the statutory acknowledgement relates:
b: describe the 17 cultural redress properties. Section 5(3)﻿(d)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019 Acknowledgements and apology
6: Acknowledgements and apology
Sections 7 8
7: Text of acknowledgements
The text of the acknowledgements made by the Crown as set out in the deed of settlement is as follows: The Crown acknowledges that—
a: Ngāti Apa (North Island) have been raising grievances with the Crown for over a hundred years:
b: it has failed to deal with the long-standing grievances of Ngāti Apa (North Island) in an appropriate way and that recognition of the grievances of Ngāti Apa (North Island) is long overdue:
c: from 1848 the Crown purchased over 400 000 acres of land in which Ngāti Apa (North Island) held interests:
d: through these land transactions, Ngāti Apa (North Island) endeavoured to establish a relationship with the Crown, and that Ngāti Apa (North Island) sought subsequently to strengthen this relationship by expressing loyalty to the Crown:
e: the 1849 Rangitikei–Turakina purchase stated that lands between the Whangaehu and Turakina Rivers (approximately 35 000 acres) would be reserved for all of Ngāti Apa (North Island) to collect and settle on. Later native land legislation enabled these reserved lands to pass through the Native Land Court, which awarded land interests to individuals rather than to all the tribe, excluding many Ngāti Apa (North Island) from ownership of the tribal reserve lands. The Crown’s failure to ensure that the arrangements recorded in the 1849 deed were given effect was a breach of the Treaty of Waitangi and its principles:
f: over 100 000 acres of land in which Ngāti Apa (North Island) held interests was subject to native land laws introduced in the 1860s, in addition to reserves from the Rangitikei–Turakina purchase. The operation and impact of the native land laws, in particular the awarding of land to individual Ngāti Apa (North Island) rather than to iwi or hapū, made the lands that Ngāti Apa (North Island) were able to retain more susceptible to partition, fragmentation and alienation. This contributed to the erosion of the traditional tribal structures of Ngāti Apa (North Island), which were based on collective tribal and hapū custodianship of land. The Crown failed to take steps to adequately protect those structures. This had a prejudicial effect on Ngāti Apa (North Island) and was a breach of the Treaty of Waitangi and its principles:
g: lands transferred by Ngāti Apa (North Island) for settlement purposes have contributed to the development of New Zealand, and that some of the significant benefits that Ngāti Apa (North Island) expected to flow from its relationship with the Crown were not realised:
h: the cumulative effect of the Crown’s actions and omissions, including Crown purchases and the operation and impact of native land laws, left Ngāti Apa (North Island) virtually landless. The Crown's failure to ensure that Ngāti Apa (North Island) retained sufficient lands for its present and future needs was a breach of the Treaty of Waitangi and its principles:
i: today most Ngāti Apa (North Island) live outside their rohe, and that the loss of their traditional lands has impacted on the access of Ngāti Apa (North Island) to resources such as rivers, lakes, forests, wetlands, and traditional walking paths:
j: Ngāti Apa (North Island) have lost control over many of their significant sites, including wāhi tapu, and that this has had an ongoing impact on their physical and spiritual relationship with the land.
8: Text of apology
The text of the apology offered by the Crown as set out in the deed of settlement is as follows:
1: The Crown recognises the efforts and struggles of the ancestors of Ngāti Apa (North Island) in pursuit of their claims for justice and redress from the Crown and makes this apology to Ngāti Apa (North Island) and their descendants.
2: The Crown profoundly regrets and unreservedly apologises to Ngāti Apa (North Island) for the breaches of the Treaty of Waitangi, and its principles, acknowledged above.
3: The Crown regrets and apologises for the cumulative effect of its actions and omissions over the generations to the present day which have had a detrimental impact on the traditional tribal structures of Ngāti Apa (North Island), their access to customary resources and significant sites, economic and social development, and their physical, cultural, and spiritual wellbeing.
4: Accordingly, with this apology the Crown seeks to atone for its past wrongs, begin the process of healing and make a significant step towards re-building a lasting relationship based on mutual trust and cooperation with Ngāti Apa (North Island).
2: Interpretation
9: 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.
10: Interpretation
In this Act, unless the context otherwise requires,— actual deferred selection settlement date affected person section 2AA(2) area of interest authorised person
a: in respect of a cultural redress property, has the meaning given to it in section 58(7)
b: in respect of a commercial redress property, has the meaning given to it in section 72(3) 86(5) business day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; or
c: the day observed as the anniversary of the province of Wellington commercial redress property
a: the settlement licensed land; and
b: a deferred selection property consent authority
a: has the meaning given to it in section 2(1)
b: does not include the Minister of Conservation conservation area section 2(1) conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 2(1) Crown forestry assets section 2(1) Crown forestry licence
a: has the meaning given to it in section 2(1)
b: in relation to the settlement licensed land, means the licence described in the third and fourth columns of the table in Part 14 of the Schedule of the deed of settlement Crown forestry rental trust section 34 Crown forestry rental trust deed section 34 cultural redress property section 43 deed of recognition section 37 deed of settlement deed
a: mean the deed of settlement dated 8 October 2008 and signed by—
i: the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, the Minister of Māori Affairs, the Honourable Parekura Horomia, and the Associate Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Mita Ririnui for the Crown; and
ii: Lillian Ruihi Manawaroa Te Aweawe, Ropata Te Hina, Arikihanara Mare Mare, and Mariana Shenton for Ngāti Apa (North Island); and
b: include—
i: the schedules and attachments to the deed; and
ii: any amendments to the deed, its schedules, and attachments deferred selection property
a: means a property described in Part 18 of the Schedule of the deed of settlement; and
b: includes, for the purposes of subpart 1 Director-General DOC protocol section 20(1)﻿(a) section 20(1)﻿(b) DOC protocol area effective date encumbrance fisheries protocol section 20(1)﻿(a) section 20(1)﻿(b) fisheries protocol area Heritage New Zealand Pouhere Taonga section 9 historical claims section 12 land holding agency
a: the settlement licensed land, means LINZ:
b: a deferred selection property, means the department of State specified opposite that property in the fourth column of the table in Part 18 of the Schedule of the deed of settlement licensee licensor LINZ local authority section 5(1) member of Ngāti Apa (North Island) section 11(1)﻿(a) national park management plan management plan section 2 protected site section 83 protocol section 20(1)﻿(a) section 20(1)﻿(b) regional council section 2(1) Registrar-General section 4 relevant consent authority representative entity
a: the trustees; and
b: any person (including any trustees) acting for, or on behalf of,—
i: the collective group referred to in section 11(1)﻿(a)
ii: 1 or more of the whānau, hapū, or groups that together form the collective group referred to in section 11(1)﻿(a)
iii: 1 or more members of Ngāti Apa (North Island) reserve land section 62(1) reserve site section 43 resource consent section 2(1) responsible department
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 or perform functions and duties under subpart 1 responsible Minister
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 authorised by the Prime Minister to exercise powers or perform functions and duties under subpart 1 RFR deed RFR property settlement date settlement licensed land
a: means the land described in Part 14 of the Schedule of the deed of settlement; but
b: excludes—
i: all trees growing, standing, or, in the case of windthrow, lying on the land; and
ii: all improvements that have been—
A: acquired by a purchaser of the trees on that land; or
B: made, after the acquisition of the trees, by the purchaser or the licensee settlement property settlement transfer Part 3 statements of association section 27(2) statutory acknowledgement section 27(1) subpart 2 statutory area Schedule 1 Schedule 1 statutory plan
a: means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1)
b: includes a proposed policy statement provided for in Schedule 1 taonga tūturu
a: has the meaning given to it in section 2(1)
b: includes ngā taonga tūturu (which has the meaning given to it in section 2(1) taonga tūturu protocol section 20(1)﻿(a) section 20(1)﻿(b) Taukoro Te Runanga o Ngāti Apa Te Runanga o Ngāti Apa trust deed
a: means the deed of trust establishing Te Runanga o Ngāti Apa dated 20 July 2009; and
b: includes—
i: the schedules to the deed of trust; and
ii: any amendments to the deed of trust or its schedules trustees of Te Runanga o Ngāti Apa trustees unlicensed Crown forest land Whanganui (Kaitoke) Prison
a: means the land described as—
i: Whanganui Prison in the table in Part 18 of the Schedule of the deed of settlement; and
ii: Wanganui (Kaitoke) Prison in clause 3
b: includes, for the purposes of section 73 Whitiau Scientific Reserve Section 10 business day amended 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 10 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 10 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 10 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
11: Meaning of Ngāti Apa (North Island)
1: In this Act, Ngāti Apa (North Island)
a: means the collective group composed of—
i: individuals who descend from 1 or more Ngāti Apa (North Island) ancestors; and
ii: individuals who are members of a group referred to in paragraph (c)﻿(i); and
b: means every individual referred to in paragraph (a); and
c: includes the following groups:
i: the groups referred to in Part 2 of the Schedule of the deed of settlement; and
ii: any whānau, hapū, or group composed of individuals referred to in paragraph (a).
2: In this section and section 12 Ngāti Apa (North Island) ancestor
a: exercised customary rights by virtue of being descended from—
i: any of the individuals referred to in Part 3 of the Schedule of the deed of settlement; or
ii: a recognised ancestor of a group referred to in subsection (1)﻿(a); and
b: exercised the customary rights predominantly in relation to the Ngāti Apa (North Island) area of interest at any time after 6 February 1840.
3: In subsection (2)﻿(a), customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources.
4: For the purposes of subsections (1)﻿(a) and (2)﻿(a), a person is descended
a: birth:
b: legal adoption:
c: Māori customary adoption in accordance with Ngāti Apa (North Island) tikanga (customary values and practices).
12: Meaning of historical claims
1: In this Act, historical claims
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that Ngāti Apa (North Island) or a representative entity for Ngāti Apa (North Island) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
i: is, or is founded on, a right arising—
A: from the Treaty of Waitangi or its principles; or
B: under legislation; or
C: at common law (including aboriginal title or customary law); or
D: from fiduciary duty; or
E: 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 every claim to the Waitangi Tribunal to which paragraph (a) applies that relates exclusively to Ngāti Apa (North Island) or a representative entity for Ngāti Apa (North Island) including—
i: Wai 265; and
ii: Wai 655.
2: However, historical claims does not include the following claims:
a: a claim that a member of Ngāti Apa (North Island), or a whānau, hapū, or group referred to in section 11(1)﻿(c)
b: a claim that a member of Ngāti Apa (North Island), or a whānau, hapū, or group referred to in section 11(1)﻿(c)
c: a claim that a representative entity for Ngāti Apa (North Island) may have to the extent that the claim is, or is based on, a claim referred to in paragraph (a) or (b)
3: To avoid doubt, subsection (1) is not limited by subsection (2).
3: Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
13: Settlement of historical claims final
1: 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.
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 the 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: 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.
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. Amendment to Treaty of Waitangi Act 1975
14: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: Schedule 3 is amended by inserting the following item in its appropriate alphabetical order: Ngāti Apa (North Island) Claims Settlement Act 2010, section 13(3) and (4) 2010-12-16 Treaty of Waitangi Act 1975 Protections no longer apply
15: Certain enactments do not apply
1: Nothing in the enactments listed in subsection (2) applies—
a: to a settlement property; or
b: to an RFR property; or
c: for the benefit of Ngāti Apa (North Island) or a representative entity for Ngāti Apa (North Island).
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: However, subsection (1) does not apply to a deferred selection property if—
a: the trustees do not elect to acquire the property under clause 7.28.2 of the deed of settlement; or
b: the agreement constituted by clause 7.30 of the deed of settlement is cancelled. Section 15(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
16: Removal of memorials
1: The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: all, or part of, a settlement property or an RFR property; and
b: contained in a certificate of title or computer register that has a memorial entered under any enactment referred to in section 15(2)
2: The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—
a: the settlement date, in the case of a settlement property that is not a deferred selection property; or
b: the actual deferred settlement date, in the case of a deferred selection property.
3: Each certificate must state that it is issued under this section.
4: The Registrar-General must, as soon as is 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, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any enactment referred to in section 15(2)
4: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
17: Limit on duration of trusts does not apply
1: 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—
i: Te Runanga o Ngāti Apa may exist in law; or
ii: the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or
b: apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if Te Runanga o Ngāti Apa is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 17 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 17(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 17(2) amended 30 January 2021 section 161 Trusts Act 2019 Timing of actions or matters
18: Timing of actions or matters
1: Actions or matters occurring under this Act occur or take effect on and from the settlement date.
2: However, 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 and from that other date. Access to deed of settlement
19: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any business day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Protocols
General provisions
20: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the trustees in the form set out in Part 4 of the Schedule 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 trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustees.
21: Protocols subject to rights, functions, and obligations
Protocols do not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, 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 representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a responsible department; or
c: the legal rights of Ngāti Apa (North Island) or a representative entity.
22: 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 a protocol, the trustees 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 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).
23: Limitation of rights
1: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,—
a: the public foreshore and seabed (as defined in section 5
b: land held, managed, or administered or flora or fauna managed or administered under the Conservation Act 1987 or an enactment listed in Schedule 1
2: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
c: the Maori Commercial Aquaculture Claims Settlement Act 2004
d: the Maori Fisheries Act 2004 DOC protocol
24: Noting and effect of DOC protocol
1: A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.
2: The noting of the DOC protocol is—
a: for the purpose of public notice only; and
b: not an amendment to the conservation documents for the purposes of section 17I section 46 Fisheries protocol
25: Noting and effect of fisheries protocol
1: A summary of the terms of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to the fisheries plans for the purposes of section 11A
3: In this section, fisheries plan section 11A Taonga tūturu protocol
26: Effect of taonga tūturu protocol
The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: Statutory acknowledgement and deeds of recognition
Statutory acknowledgement
27: Statutory acknowledgement by the Crown
1: The Crown acknowledges the statements of association.
2: In this Act, statements of association
a: made by Ngāti Apa (North Island) of their particular cultural, spiritual, historical, and traditional association with each statutory area; and
b: that are in the form set out in Part 6 of the Schedule of the deed of settlement at the settlement date.
28: Purposes of statutory acknowledgement
1: The only purposes of the statutory acknowledgement are to—
a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 30 31
b: require relevant consent authorities to forward summaries of resource consent applications to the trustees, as provided for in section 33
c: enable the trustees and any member of Ngāti Apa (North Island) to cite the statutory acknowledgement as evidence of the association of Ngāti Apa (North Island) with the relevant statutory areas, as provided for in section 34
2: This section does not limit sections 38 to 40 Section 28(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
29: Relevant consent authorities to have regard to statutory acknowledgement
1: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 95E
2: Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
30: Environment Court to have regard to statutory acknowledgement
1: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991
31: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: 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)
2: In this section, archaeological site section 6 Section 31 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
32: 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: the relevant provisions of sections 28 to 31
b: the descriptions of the statutory areas wholly or partly covered by the plan; and
c: any statements of association for the statutory areas.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only, and the information is not—
a: part of the statutory plan, unless adopted by the relevant consent authority; or
b: subject to the provisions of Schedule 1
33: Resource consent applications must be provided to trustees
1: Each relevant consent authority must, for a period of 20 years starting on 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: The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B
3: A summary of an application must be provided under subsection (1)﻿(a)—
a: as soon as is reasonably practicable after the consent authority receives the application; and
b: before the consent authority decides under section 95
4: A copy of a notice of an application must be provided under subsection (1)﻿(b) no later than 10 business days after the day on which the consent authority receives the notice.
5: This section does not affect a relevant consent authority's obligation,—
a: under section 95
b: under section 95E
34: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Apa (North Island) may, as evidence of the association of Ngāti Apa (North Island) with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA Heritage New Zealand Pouhere Taonga
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: relevant consent authorities:
b: the Environmental Protection Authority or a board of inquiry under Part 6AA
c: the Environment Court:
d: Heritage New Zealand Pouhere Taonga:
e: parties to proceedings before those bodies:
f: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Apa (North Island) are precluded from stating that Ngāti Apa (North Island) 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. Section 34(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 34(2)﻿(d) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
35: Trustees may waive rights
1: The trustees may waive the right to be forwarded summaries of resource consent applications under section 33
2: Rights may be waived by written notice to the relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
a: the scope of the waiver; and
b: the period for which it applies.
3: An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section. Section 35(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
36: Application of statutory acknowledgement to river or stream
If any part of the statutory acknowledgement applies to a river or stream, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: land that the waters of the river or stream do not cover at its fullest flow without flowing over its banks; or
iii: an artificial watercourse; or
iv: a tributary flowing into the river or stream. Deeds of recognition
37: Authorisation to enter into and amend deeds of recognition
1: The Minister of Conservation and the Director-General may—
a: enter into a deed of recognition with the trustees, in the form set out in Part 8 of the Schedule of the deed of settlement, in respect of the land to which the deed applies:
b: amend the deed of recognition by entering into a deed of amendment with the trustees.
2: In this section, deed of recognition
a: entered into in accordance with clauses 5.14 to 5.21 of the deed of settlement; and
b: in the form set out in Part 8 of the Schedule of the deed of settlement. General provisions
38: Exercise of powers and performance of duties and functions
1: Except as expressly provided in this subpart,—
a: the statutory acknowledgement and the deed of recognition do not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw; and
b: no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Ngāti Apa (North Island) with a statutory area (as described in a statement of association) than that person would give under the relevant legislation or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area or Whitiau Scientific Reserve or Taukoro (as the case may be).
2: Subsection (1)﻿(b) does not affect the operation of subsection (1)﻿(a).
39: Rights not affected
Except as expressly provided in this subpart, the statutory acknowledgement and the deed of recognition do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
40: Limitation of rights
Except as expressly provided in this subpart, the statutory acknowledgement and the deed of recognition do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,—
a: a statutory area:
b: Whitiau Scientific Reserve:
c: Taukoro. Amendment to Resource Management Act 1991
41: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: Schedule 11 Ngāti Apa (North Island) Claims Settlement Act 2010 2010-12-16 Resource Management Act 1991
3: The Crown not prevented from providing other similar redress
42: The Crown not prevented from providing other similar redress
1: The provision of the specified cultural redress does not prevent the Crown from doing anything that is consistent with that cultural redress, including—
a: providing the same or similar redress to a person other than Ngāti Apa (North Island) or the trustees; or
b: disposing of land.
2: However, subsection (1) is not an acknowledgement by the Crown or Ngāti Apa (North Island) that any other iwi or group has interests in relation to land or an area to which any of the specified cultural redress relates.
3: In this section, specified cultural redress
4: Cultural redress properties
43: Interpretation
In this Act,— cultural redress property Schedule 2 Papakainga properties
a: AgResearch lands:
b: Parewanui School:
c: part of the Santoft Forest:
d: part of the Lismore Sand Forest:
e: Kauangaroa School: Wāhi tapu properties
f: Pukepuke Lagoon House site:
g: Waimahora Stream site:
h: Lake Koitiata site:
i: Marton Golf Course:
j: Lake Hickson site:
k: Lake William site:
l: Mōtū Karaka:
m: Ruatangata site:
n: Pākiki:
o: Lake Ngaruru site:
p: Pakapakatea:
q: Waitapu reserve site
a: Lake Koitiata site:
b: Mōtū Karaka:
c: Pākiki:
d: Marton Golf Course:
e: Pakapakatea:
f: Waitapu. Sites vesting in fee simple
44: Papakainga properties vest in fee simple
1: The following sites cease to be Crown forest land:
a: the part of the Santoft Forest site:
b: the part of the Lismore Sand Forest site.
2: Section 23
a: despite the sites not being Crown forest land and not being returned to Māori ownership in accordance with section 36
b: as if the reference to licensor were a reference to the owner of the fee simple estate in the sites.
3: The fee simple estate in the Papakainga properties vests in the trustees.
45: Pukepuke Lagoon House site
1: The Pukepuke Lagoon House site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Pukepuke Lagoon House site vests in the trustees.
3: The Crown must, by or on the settlement date, sign and provide the trustees with a registrable right of way easement that provides the trustees access to the Pukepuke Lagoon House site, over the area shown marked A on SO 428401 (the Pukepuke Lagoon House site easement
4: To give effect to clause 6.1.9 of the deed of settlement, the Crown must sign, before the settlement date, a registrable variation of the existing easement affecting access to the Pukepuke Lagoon House site.
5: Landcorp Farming Limited must, by or on the settlement date, sign and provide the trustees with a registrable right of way easement in gross over the areas shown marked A, B, and G on DP 70916 and D and H on SO 428401.
46: Waimahora Stream site
1: The Waimahora Stream site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waimahora Stream site vests in the trustees.
3: Subsections (1) and (2) are subject to the trustees providing to the Crown a registrable covenant in relation to the site—
a: for the preservation of the reserve and conservation values of that land and public access; and
b: as set out in Part 11 of the Schedule of the deed of settlement (the Waimahora Stream site covenant
4: The Waimahora Stream site covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
47: Lake Hickson site
1: The fee simple estate in the Lake Hickson site vests in the trustees.
2: The vesting of the Lake Hickson site in the trustees under subsection (1) does not give any rights to, or impose any obligations on, the trustees in relation to—
a: the waters of Lake Hickson; or
b: the aquatic life of Lake Hickson (other than plants attached to the Lake Hickson site).
48: Lake William site
1: The fee simple estate in the Lake William site vests in the trustees.
2: The vesting of the Lake William site in the trustees under subsection (1) does not give any rights to, or impose any obligations on, the trustees in relation to—
a: the waters of Lake William; or
b: the aquatic life of Lake William (other than plants attached to the Lake William site).
3: To the extent that the Lake William site has moveable boundaries, those boundaries will be governed by the common rules of accretion, erosion, or avulsion.
49: Ruatangata site
1: The fee simple estate in the Ruatangata site vests in the trustees.
2: Subsection (1) is subject to the trustees providing the Crown with—
a: a registrable right of way easement in gross in favour of the New Zealand Railways Corporation over the area shown marked B on SO 417422 and on the terms and conditions set out in Part 12 of the Schedule of the deed of settlement (the Ruatangata site easement
b: a registrable right to convey electricity in gross in favour of Powerco Limited over the areas shown marked B and G on SO 417422 and on the terms and conditions set out in Part 12A of the Schedule of the deed of settlement (the Ruatangata electricity easement
3: The unregistered Ruatangata site lease is amended in the form set out in clause 6.1.21 of the deed of settlement.
50: Lake Ngaruru site
1: Lake Ngaruru site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Lake Ngaruru site vests in the trustees.
3: Subsections (1) and (2) are subject to the trustees providing to the Crown a registrable covenant in relation to the Lake Ngaruru site—
a: for the preservation of the reserve values of that land; and
b: as set out in Part 11 of the Schedule of the deed of settlement (the Lake Ngaruru site covenant
4: The Lake Ngaruru site covenant is to be treated as a conservation covenant for the purposes of section 77
5: The vesting of the Lake Ngaruru site in the trustees under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—
a: the waters of Lake Ngaruru; or
b: the aquatic life of Lake Ngaruru (other than plants attached to the Lake Ngaruru site).
6: To the extent that the Lake Ngaruru site has moveable boundaries, those boundaries will be governed by the common law rules of accretion, erosion, or avulsion. Sites vesting in fee simple to be administered as scenic reserve
51: Lake Koitiata site
1: The reservations of the Lake Koitiata site as a government purpose wildlife management reserve subject to section 22 section 14A
2: The fee simple estate in the Lake Koitiata site vests in the trustees.
3: The Lake Koitiata site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: Despite section 16(10)
5: The vesting of the Lake Koitiata site in the trustees under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—
a: the waters of Lake Koitiata; and
b: the aquatic life of Lake Koitiata (other than plants attached to the Lake Koitiata site).
6: The trustees may exercise the powers of the Minister of Conservation under section 50
7: For the purposes of section 17M(2)
52: Mōtū Karaka
1: The reservation of Mōtū Karaka as a scenic reserve subject to section 19
2: The fee simple estate in Mōtū Karaka vests in the trustees.
3: Mōtū Karaka is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
53: Pākiki
1: The reservation of Pākiki as a scenic reserve subject to section 19
2: The fee simple estate in Pākiki vests in the trustees.
3: Pākiki is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: Despite section 16(10) Site vesting in fee simple to be administered as recreation reserve
54: Marton Golf Course
1: The reservation of the Marton Golf Course as a recreation reserve subject to section 17
2: The fee simple estate in the Marton Golf Course vests in the trustees.
3: The Marton Golf Course is declared a reserve and classified as a recreation reserve subject to section 17
4: Despite section 16(10)
5: Despite the provisions of the Reserves Act 1977 Sites vesting in fee simple to be controlled and managed by local authority
55: Pakapakatea
1: The reservation of Pakapakatea as a local purpose reserve, for the purpose of soil conservation and river control, subject to section 23
2: The fee simple estate in Pakapakatea vests in the trustees.
3: Pakapakatea is declared a reserve and classified as a local purpose reserve, for the purpose of soil conservation and river control, subject to section 23 of the Reserves Act 1977.
4: Despite section 16(10)
5: The Manawatu-Wanganui Regional Council is the administering body of the reserve for the purposes of the Reserves Act 1977 section 28
56: Waitapu
1: The reservation of Waitapu as a reserve for soil conservation and river control purposes subject to the Reserves Act 1977
2: The fee simple estate in Waitapu vests in the trustees.
3: Waitapu is declared a reserve and classified as a local purpose reserve, for the purpose of soil conservation and river control, subject to section 23
4: Despite section 16(10)
5: The Manawatu-Wanganui Regional Council is the administering body of the reserve for the purposes of the Reserves Act 1977 section 28
5: General provisions relating to vesting of cultural redress properties
57: Properties vest subject to, or together with, encumbrances
Each cultural redress property vests under subpart 4 Schedule 2
58: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property vested in the trustees under subpart 4
2: The Registrar-General must, on written application by an authorised person, comply with subsections (3) and (4).
3: To the extent that a cultural redress property is all of the land contained in a computer freehold register that is not limited as to parcels, the Registrar-General must—
a: register the trustees as the proprietors of the fee simple estate in the land; and
b: make any entries in the register and do all other things that are necessary to give effect to this Part and to Part 6 of the deed of settlement.
4: To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or the computer freehold register is limited as to parcels, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—
a: create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees; and
b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.
5: Subsection (4) applies subject to the completion of any survey necessary to create the 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 settlement date; or
b: any later date that may be agreed in writing by the trustees and the Crown.
7: In subsections (2) and (4), authorised person
a: the Secretary for Justice, in the case of—
i: the Lake Hickson site:
ii: the Lake William site:
iii: the AgResearch lands:
iv: Parewanui School:
v: Kauangaroa School:
b: the chief executive of LINZ, in the case of—
i: the part of the Santoft Forest:
ii: the part of the Lismore Sand Forest:
iii: the Ruatangata site:
c: the Director-General, in all other cases.
59: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property under subpart 4 Part 4A sections 24(2A) 24A 24AA
2: Despite subsection (1), the rest of section 24
a: a reserve site under section 51(2) 52(2) 53(2) 54(2) 55(2) 56(2)
b: the Lake Hickson site; or
c: the Lake William site; or
d: the Lake Ngaruru site.
3: If the reservation, under subpart 4 section 24
60: Recording application of Part 4A of Conservation Act 1987 and sections of this Act
1: The Registrar-General must record on the computer freehold register for—
a: a reserve site—
i: that the land is subject to Part 4A
ii: that the land is subject to sections 59(3) 62
b: each of the following sites that the land is subject to Part 4A section 24
i: the Lake Hickson site; and
ii: the Lake William site; and
iii: the Lake Ngaruru site; and
c: any other cultural redress property that the land is subject to Part 4A
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation, under subpart 4
a: all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to sections 59(3) 62
b: part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the site that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a).
61: Application of Reserves Act 1977 to reserve sites
1: Subject to sections 55(5) 56(5) Reserves Act 1977
2: Despite sections 48A(6) 114(5) 115(6)
3: Sections 78(1)﻿(a) 79 to 81 88
4: If the reservation under subpart 4 section 24 section 25
5: Subsections (2) and (3) do not apply to the Pakapakatea and Waitapu reserve sites.
62: Subsequent transfer of reserve land
1: Subsections (2) to (7) apply to all, or the part, of a reserve site that, at any time after vesting in the trustees, remains a reserve under the Reserves Act 1977 reserve land
2: The fee simple estate in the reserve land may be transferred to any other person only in accordance with subsections (3) to (7), despite any other enactment or rule of law.
3: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under the Reserves Act 1977
4: The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.
5: The 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 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.
6: The new owners, from the time of registration under subsection (4),—
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977
b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
7: Despite subsections (1) and (2), subsections (3) to (6) do not apply to the transfer of the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were 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’ solicitor, verifying that paragraphs (a) and (b) apply.
63: Application of other enactments
1: Sections 24 25 subpart 4
2: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under subpart 4
b: any matter incidental to, or required for the purpose of, the vesting.
3: The vesting of the fee simple estate in a cultural redress property under subpart 4
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: The Minister of Conservation may grant all easements required by the deed in relation to lands held under the Conservation Act 1987
6: An easement granted under subsection (5)—
a: is registrable under section 17ZA(2)
b: is enforceable in accordance with its terms, despite Part 3B
64: Application of certain payments
1: The Minister of Conservation may direct that any intra-Crown payment for a site listed in subsection (2) be paid and applied in the manner specified in section 82(1)﻿(a)
2: The sites are—
a: Mōtū Karaka:
b: Pākiki:
c: Marton Golf Course:
d: the Lake Koitiata site:
e: Pakapakatea:
f: Waitapu.
6: Place names
65: Interpretation
In this subpart,— new official geographic name
a: means the name to which the existing official geographic name is altered under section 66(1)
b: includes any alteration to the new official geographic name under section 68 New Zealand Geographic Board section 7
66: New official geographic name
1: The existing official geographic name specified in the first column of the table set out in Part 9 of the Schedule of the deed of settlement (at the settlement date) is altered to the new official geographic name specified in the second column of that table.
2: The change made under subsection (1) is to be treated as having been made by the New Zealand Geographic Board in accordance with the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
67: Publication of new official geographic name
The New Zealand Geographic Board must, as soon as practicable after the settlement date, comply with section 21(2) and (3) section 66 section 21(1)
68: Alteration of new official geographic name
1: Despite the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
2: Section 67
69: When new official geographic name takes effect
Place names altered under section 66 68 Gazette section 67
70: New reserve name
Despite section 16(10)
3: Commercial redress
1: Transfer of commercial redress properties
71: Transfer of commercial redress properties
1: To give effect to Part 7 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to do 1 or both of the following:
a: transfer the fee simple estate in a commercial redress property to the trustees:
b: sign a transfer instrument or other document, or do any other thing, to effect a settlement transfer.
2: Subject to section 76(2) and (3)
72: Registrar-General to create computer freehold register for deferred selection property
1: This section applies to a deferred selection property (except Whanganui (Kaitoke) Prison) to the extent that it is not all of the land contained in a computer freehold register, or that the computer freehold register is limited as to parcels, or there is no computer freehold register for all or part of the property.
2: The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create 1 computer freehold register in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
3: In this section and sections 73 to 75 authorised person
73: Registrar-General to create computer freehold registers for Whanganui (Kaitoke) Prison
1: This section applies in relation to Whanganui (Kaitoke) Prison if clause 7.30A of the deed of settlement applies (which relates to a decision by the trustees to purchase Whanganui (Kaitoke) Prison).
2: After the completion of any necessary survey, the Registrar-General must, in accordance with a written application by an authorised person, create 2 computer freehold registers in the name of the Crown, each for an undivided one half share of the fee simple estate in the Whanganui (Kaitoke) Prison subject to, and together with, any relevant encumbrances that are registered, notified, or notifiable and that are described in the application.
3: The computer freehold registers created under subsection (2) must then be transferred in accordance with clause 7.30A(3) and (4) of the deed of settlement.
74: Registrar-General to create computer freehold register for land subject to single Crown forestry licence
1: This section applies to land to be transferred to the trustees under Part 7 of the deed of settlement that is subject to a single Crown forestry licence.
2: The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create 1 computer freehold register in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
75: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of sections 72 to 74
2: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (referred to in subsection (1)) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
76: Application of other enactments
1: Section 11 Part 10
a: a settlement transfer; or
b: a matter incidental to, or required for the purpose of, a settlement transfer.
2: The transfer of a commercial redress property does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: The transfer of a commercial redress property is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: The permission of a council under section 348
2: Settlement licensed land
77: Settlement licensed land ceases to be Crown forest land
1: The settlement licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, although the settlement licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustees is registered, neither the Crown nor any court or tribunal may do any thing, or omit to do any thing, if that act or omission would, between the settlement date and the date of registration, be consistent with the Crown Forest Assets Act 1989
78: Trustees confirmed beneficiaries and licensors in relation to settlement licensed land
1: The trustees are, in relation to the settlement licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries.
3: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
4: Notice given by the Crown under subsection (3) has effect as if—
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation had become final on the settlement date.
5: The trustees are the licensor under each Crown forestry licence as if the settlement licensed land had been returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)﻿(b)
79: Effect of transfer of settlement licensed land
1: Section 78
a: the transfer of the fee simple estate in the settlement licensed land has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence have been completed.
2: To the extent that the Crown has not completed the processes referred to in subsection (1)﻿(b) before the settlement date, it must continue those processes—
a: after the settlement date; and
b: until the processes are completed.
3: For the period from the settlement date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the settlement licensed land is the amount calculated in the manner described in clause 7.15 of the deed of settlement.
4: With effect from the settlement date, the references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the settlement licensed land, be read as if they were references to the trustees.
80: Public access to settlement licensed land
1: Clause 6.2 of each Crown forestry licence (which relates to public entry for recreational purposes) continues to apply even though the Crown is no longer the licensor under the licence because the land has been transferred to the trustees under section 71
2: A notification to the same effect as described in subsection (1) must—
a: be recorded against each computer freehold register for the settlement licensed land; and
b: on application by the registered proprietor, be removed from each computer freehold register for the settlement licensed land on the expiry of the Crown forestry licence.
81: Public right of way easement may be granted
1: A public right of way easement may be granted under section 8
2: Sections 26 27 section 8(b)
3: The permission of a council under section 348
4: In this section, public right of way easement
3: Unlicensed Crown forest land
82: Unlicensed Crown forest land
1: This section applies if the trustees elect to purchase the unlicensed Crown forest land.
2: On the actual deferred selection settlement date, the unlicensed Crown forest land ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.
3: However, this section does not apply if, in relation to the unlicensed Crown forest land, the agreement referred to in clause 7.30 of the deed of settlement is cancelled in accordance with paragraph 11 of Part 22 of the Schedule of the deed of settlement.
4: In this section, Crown forestry assets section 2(1)
4: Access to protected sites
83: Meaning of protected site
In this subpart, protected site
a: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6
b: is wāhi tapu or a wāhi tapu area within the meaning of section 6 Section 83(a) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 83(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
84: Right of access to protected site
1: The owner of the land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow access across the land to each protected site to Māori for whom the protected site is of special spiritual, cultural, or historical significance.
2: The right of access may be exercised by vehicles or by foot over any reasonably convenient routes specified by the owner.
3: The right of access is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice of his or her intention to exercise that 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 of access must observe any reasonable conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required—
i: for the safety of people; or
ii: for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: for operational reasons.
85: Right of access subject to Crown forestry licence
1: The right of access conferred by section 84
2: An amendment to a Crown forestry licence will be 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 84
b: otherwise adversely affect the right of access.
86: Registrar-General must note right of access
1: This section applies to any settlement licensed land or unlicensed Crown forest land on which a protected site is situated.
2: The Registrar-General must, in accordance with a written application by an authorised person, make a notation on the computer freehold register for the settlement licensed land and the unlicensed Crown forest land that the land is subject to the right of access set out in section 84
3: An application must be made as soon as is reasonably practicable after—
a: the settlement date, in the case of settlement licensed land; or
b: the actual deferred selection settlement date, in the case of the unlicensed Crown forest land.
4: However, if a computer freehold register has not been created by the settlement date or the actual deferred selection settlement date, as the case may be, an application must be made as soon as is reasonably practicable after the register has been created.
5: In this section, authorised person
a: a person authorised by the chief executive of LINZ, for the settlement licensed land; and
b: a person authorised by the Director-General of the Ministry of Agriculture and Forestry, for the unlicensed Crown forest land.
87: Limitations on application of subpart
This subpart does not apply to the unlicensed Crown forest land if—
a: the trustees do not elect to acquire the property under clause 7.28.2 of the deed of settlement; or
b: the agreement for sale and purchase constituted by clause 7.30 of the deed of settlement is cancelled in accordance with paragraph 11 of Part 22 of the Schedule of the deed of settlement.