Waikato Raupatu Claims Settlement Act 1995

1: Short Title and commencement
1: This Act may be cited as the Waikato Raupatu Claims Settlement Act 1995.
2: Subject to sections 15(4) 25(3) 26(5) 32(2) 37(2)
3: An order under this section is 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 1(2) brought into force 15 November 1995 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1995 Section 1(2) brought into force 1 November 1996 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1996 Section 1(2) brought into force 28 August 1997 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1997 Section 1(2) brought into force 30 April 1999 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1999 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act shall be interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
3: Act to bind the Crown
This Act binds the Crown.
1: Apology by the Crown to Waikato
4: Apology
This Part records the apology given by the Crown to Waikato in the deed of settlement.
5: Text in Maori
The text of the apology in Maori is as follows:
“1: E whakaae ana Te Karauna ko oona reo ko oona mana i hara ki nga tikanga o Te Tiriti o Waitangi i taa raatou whakawhiunga i te Kiingitanga me Waikato ki ngaa hooia i Mangataawhiri i te marama o Hongongoi 1863 i raro i ta raatou tohu whakaingoa. ‘he iwi whakakeke a Waikato’.
“2: E whakaatu ana Te Karauna i toona pouri tino hoohonu, aa, kaaore he mutunga o taana tuku whakapaa mo ngaa taangata i mate i ngaa parekura whakaeke o aana hooia, aa, mo te taaorotanga hoki o ngaa whenua tae atu ki te whakararurarutanga o te nohoanga o ngaa Iwi.
“3: E whakaae ana Te Karauna teeraa ko ngaa raupatutanga o ngaa whenua me ngaa rawa i whakamanahia e te Ture Mo Te Whakanoho i Te Hunga Maarie, ara, te Iwi Paakeha 1863, a Te Paaremata o Niu Tireni he mahi tino hee, e peehi kino nei i a Waikato mai raano. E noho pani tonu nei raatou i roto i te rawakoretanga me to hauwareatanga o ngaa mahi toko i te ora, o ngaa mahi whanaketanga mo ngaa Iwi o Waikato.
“4: E maarama pai ana Te Karauna teeraa ko teenei pouritanga tino toimaha, kaaore nei anoo kia whakatikaina i raro i te Tiriti o Waitangi
“5: E whakaae ana Te Karauna teeraa anoo ngaa whenua raupatu o Waikato te tino taakoha nui ki te rangatiratanga me te whanaketanga o Niu Tireni ahakoa kei te noho rawakore tonu te Iwi o Waikato i oona whenua me ngaa hua o aua whenua.
“6: Nooreira ka kimi Te Karauna, mo te taha ki ngaa Iwi Katoa o Niu Tireni, i te huarahi e whakamaarie ai i eenei tuukinotanga, araa, mo te waahanga e taea ai, aa, i teenei whakatutukitanga o teenei take whakamau o Te Raupatu. He whakaotinga teenei i raro i ngaa take raarangi o Te Pukapuka Whakaaetanga i hainatia i te 22 o ngaa raa o Haratua 1995, maana hei arahi atu ki te ao hoou o te mahi tahi ki Te Kiingitanga me Waikato.”
6: Text in English
The text of the apology in English is as follows:
“1: The Crown acknowledges that its representatives and advisers acted unjustly and in breach of the Treaty of Waitangi in its dealings with the Kiingitanga and Waikato in sending its forces across the Mangataawhiri in July 1863 and in unfairly labelling Waikato as rebels.
“2: The Crown expresses its profound regret and apologises unreservedly for the loss of lives because of the hostilities arising from its invasion, and at the devastation of property and social life which resulted.
“3: The Crown acknowledges that the subsequent confiscations of land and resources under the New Zealand Settlements Act 1863
“4: The Crown appreciates that this sense of grief, the justice of which under the Treaty of Waitangi
“5: The Crown recognises that the lands confiscated in the Waikato have made a significant contribution to the wealth and development of New Zealand, whilst the Waikato tribe has been alienated from its lands and deprived of the benefit of its lands.
“6: Accordingly, the Crown seeks on behalf of all New Zealanders to atone for these acknowledged injustices, so far as that is now possible, and, with the grievance of raupatu finally settled as to the matters set out in the Deed of Settlement signed on 22 May 1995 to begin the process of healing and to enter a new age of co-operation with the Kiingitanga and Waikato.”
2: Provisions relating to settlement
7: Interpretation of terms
In this Act, unless the context otherwise requires,— Crown body Crown entity section 2(1) deed of settlement Director-General section 2 of the Survey Act 1986 District Land Registrar excluded claims section 8(2) land acquisition trust land holding trust land holding trustee Minister Raupatu recitals E to G of the Preamble Raupatu claims section 8(1) residual Crown land
a: means every freehold parcel of real property (including improvements) situated in the Waikato claim area that is owned by the Crown, or by any of the bodies described in Attachment 11 to the deed of settlement, at the date on which section 11
b: does not include—
i: any settlement property (other than a settlement property that Waikato elect under clause 8 of the deed of settlement not to take); or
ii: any settlement property that is stated in Attachment 2 to the deed of settlement to be owned by Electricity Corporation of New Zealand Limited or any wholly-owned subsidiary of that company settlement properties settlement property settlement property State enterprise section 2 Waikato the New Zealand Settlements Act 1863 Waikato claim area
a: means the land bordered with bold black lines on Survey Office plan number 60113, lodged in the office of the Land Information New Zealand
b: does not include the Waiuku block or the Wairoa block Wairoa block the New Zealand Settlements Act 1863 Gazette Waiuku block the New Zealand Settlements Act 1863 Gazette Section 7 Director-General substituted 1 July 1996 Survey Amendment Act 1996 Section 7 Waikato claim area amended 1 July 1996 section 5 of the Survey Amendment Act 1996 Effect of settlement
8: Meaning of Raupatu claims
1: In this Act, the term Raupatu claims
a: means all claims arising out of, or relating to, the Raupatu or any aspect of the Raupatu; and
b: includes all claims arising from the loss of land and of interests in land in the Waikato claim area by confiscation; and
c: includes all claims to coal, other minerals, and forests within the Waikato claim area; and
d: includes the following parts of the Wai 30 claim to the Waitangi Tribunal, namely, the claims set out in—
i: the Statement of Claim of 16 March 1987 (#1.1 on Waitangi Tribunal record); and
ii: the Amended Statement of Claim of 16 March 1987 (#1.1(a)); and
iii: the Letter of 12 August 1987 (#1.1(b)); and
iv: the Statement of Claim of 17 June 1991 (#1.1(c)); and
e: includes the claims made in the Wai 306 claim to the Waitangi Tribunal, being the claim made by Garth Banks on behalf of Ngaati Haua; and
f: includes the claims made in the Wai 494 claim to the Waitangi Tribunal, being the claim made by Taka o te Rangi Taka on behalf of Ngaati Koheriki; and
g: includes such of the claims made in the Wai 530 claim to the Waitangi Tribunal (being a claim made by Patara Peremana on behalf of Nga Uri o Whawhakia) as are based on Raupatu in the Waikato claim area; and
h: includes such of the claims made in the Wai 537 claim to the Waitangi Tribunal (being a claim made by Richard Tamihana on behalf of Ngati Tahinga Iwi and Nga Uri o Tahinga Trust Board) as are based on Raupatu in the Waikato claim area; and
i: includes all claims specified in paragraphs (a) to (h), whether or not those claims—
i: are past, current, or future; or
ii: are founded on rights arising by or in common law (including customary law and aboriginal title), the Treaty of Waitangi
iii: are made or held by, or on behalf of, all of Waikato or 1 or more individuals, marae, or hapu; but
j: does not include the excluded claims.
2: In this Act, the term excluded claims
a: any claims by Waikato to the rivers and harbours within the Waikato rohe, including those parts of the Wai 30 claim to the Waitangi Tribunal relating to—
i: the Waikato River (being the claims set out in paragraph A1–5 of the statement of claim dated 16 March 1987); and
ii: the West Coast Harbours, as defined in the deed of settlement (being the claims set out in paragraph C8–9 of the statement of claim dated 16 March 1987); and
b: any claims by Waikato to the Wairoa block or the Waiuku block; and
c: any claims by individual hapu of Waikato to non-Raupatu land outside the Waikato claim area; and
d: the claims made in the Wai 185 claim to the Waitangi Tribunal, being the claim made by A Wirihana in relation to the Pepepe land; and
e: the claims made in the Wai 100 claim to the Waitangi Tribunal, being the claim made by Huhurere Tukukino; and
f: any claims made to the Waitangi Tribunal, whether before or after the commencement of this section, by the Hauraki Maori Trust Board, including the claims made by the Hauraki Maori Trust Board and Toko Renata te Taniwha in the Wai 373 claim to the Waitangi Tribunal; and
g: the claims made in the Wai 454 claim to the Waitangi Tribunal, being the claim made by Walter Taipari and Adrian Taipari on behalf of the descendants of Ngati Hauauru, a hapu of Ngati Maru; and
h: the claims made in the Wai 495 claim to the Waitangi Tribunal, being the claim made by Mahuta Pitau Williams on behalf of the descendants of Ngati Tawhaki of Ngati Tamatera; and
i: the claims made in the Wai 349 claim to the Waitangi Tribunal, being the claim made by Tewiremu Mataia and Heraputea Williams on behalf of the tangata whenua of the Hauraki Tribal Region.
9: No further inquiries into Raupatu claims
1: Without limiting the acknowledgments expressed in, or any provision of, the deed of settlement, it is hereby declared that the settlement of the Raupatu claims to be effected pursuant to that deed is final.
2: Notwithstanding any other enactment or rule of law, as from the commencement of this section, no court or tribunal shall have jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of—
a: any or all of the Raupatu claims; or
b: the validity of the deed of settlement; or
c: the adequacy of the benefits provided to Waikato under the deed of settlement or this Act. Provisions relating to land
10: Transfer of land
1: Notwithstanding any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is hereby authorised to do any 1 or more of the following:
a: purchase or otherwise acquire any settlement property from a Crown body:
b: lease any settlement property to any Crown body:
c: subject to sections 40 to 42
d: sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer.
2: Nothing in subsection (1) limits—
a: Part 4A
b: sections 10 11
c: any other enactment or rule of law under which any easement, encumbrance, restriction, or other interest in or in respect of any land is created or exists.
3: Nothing in—
a: Parts 2 and 2A of the Land Settlement Promotion and Land Acquisition Act 1952
b: section 11 Part 10 shall apply with respect to—
c: any transfer of any settlement property from a Crown body to another Crown body or to the land holding trustee for the purpose of giving effect to the deed of settlement; or
d: any leasing of any settlement property from a Crown body or the land holding trustee to a Crown body for the purpose of giving effect to the deed of settlement; or
e: anything incidental to, or required for the purposes of, any such transfer or leasing.
4: Notwithstanding sections 40 to 42 department within the meaning of section 2 of the Survey Act 1986 section 16
5: Notwithstanding section 24(4) sections 40 to 42
a: a settlement property to which section 8A
b: a settlement property that is to be transferred from a Crown body to another Crown body or to the land holding trustee, for the purposes of giving effect to the deed of settlement.
6: Nothing in the Land Act 1948
7: Nothing in the Land Act 1948
8: In this section, the term Crown body Section 10(4) amended 1 July 1996 Survey Amendment Act 1996
11: Right of land holding trustee to acquire residual Crown land in certain circumstances
1: Where a Crown body (or any body that was a Crown body at the date on which this section comes into force or on which the body first acquired the residual Crown land concerned, whichever is the later) proposes to sell any residual Crown land to any person other than—
a: another Crown body; or
b: a person who is entitled to purchase the land pursuant to an offer made under—
i: section 40
ii: section 23(1) section 24(4)
iii: any enactment equivalent to any of the enactments referred to in subparagraphs (i) and (ii); or
c: the existing tenant of a house situated on any residual Crown land that is—
i: land of Housing New Zealand Limited or of Housing New Zealand Corporation
ii: land held for education purposes by the Crown; or
iii: land held by any Crown body which, at the date on which this section comes into force, has a policy under which houses that are to be sold are first offered for purchase by the existing tenants; or
d: a person who has, at the date on which this section comes into force, a legal right to purchase the land; or
e: a person who is entitled to purchase the land under the terms of any gift, endowment, or trust relating to the land, or under any enactment or rule of law,— the body shall give to the land holding trustee notice of the proposed sale setting out the price and other proposed terms of sale and offering to sell the land to the land holding trustee on those terms.
2: Where, within 1 month after the date on which the land holding trustee receives a notice under subsection (1) from a Crown body or other body (time being of the essence), the land holding trustee—
a: accepts the offer set out in the notice by giving written notice of acceptance to the body; or
b: otherwise agrees with the body in writing to purchase the land concerned,— a contract for the sale and purchase of that land shall be thereby constituted between the body and the land holding trustee and that contract may be enforced accordingly.
3: If, within 1 month after the date on which the land holding trustee receives a notice under subsection (1) from a Crown body or other body (time being of the essence), a contract for the sale and purchase of the land to which the notice relates is not constituted under subsection (2), the body—
a: may, at any time during the period of 2 years following the expiry of 1 month from the date of receipt of the notice under subsection (1) by the land holding trustee, sell the land to any person it wishes on terms not more favourable to the purchaser than those set out in that notice; but
b: may not sell the land after the expiry of that 2-year period without first re-offering it to the land holding trustee in accordance with subsection (1), and subsection (2) and this subsection shall apply to any such re-offer.
4: Where a body—
a: has offered to sell any residual Crown land to the land holding trustee under subsection (1); and
b: wishes to again offer that land for sale, but on terms more favourable to the purchaser than the terms of the first offer,— the body may do so, so long as it first re-offers the land for sale on the more favourable terms to the land holding trustee in accordance with subsection (1); and subsections (2) and (3) shall apply to any such re-offer.
5: The obligation of a Crown body or other body under subsections (1) to (4) in respect of any particular land shall terminate on the completion of the sale of the land—
a: to the land holding trustee; or
b: in accordance with subsection (3); or
c: to a person of a kind referred to in any of paragraphs (b) to (e) of subsection (1),— whichever first occurs.
6: Nothing in this section affects or derogates from, and the rights created by this section are subject to,—
a: the terms of any gift, endowment, or trust relating to, and the rights of any holders of mortgages or other securities over, residual Crown land or any improvements on any such land:
b: any other enactment or rule of law that must be complied with before any residual Crown land is disposed of:
c: any feature of the title to any residual Crown land which prevents or limits a body's right to transfer the land or any improvements on the land:
d: any legal requirement which impedes a body's ability to sell or otherwise dispose of any residual Crown land or any improvements on any such land and which the body cannot satisfy after taking reasonable steps to do so (and, for the avoidance of doubt, reasonable steps
7: Nothing in this section affects or derogates from the right of a Crown body to sell or otherwise dispose of any Crown body, or requires a Crown body to offer to the land holding trustee any Crown body that is to be sold or otherwise disposed of.
8: In the case of residual Crown land that is a settlement property that Waikato have elected under clause 8 of the deed of settlement not to take, this section shall be read subject to section 12
9: Where any residual Crown land—
a: becomes, under subsection (2), subject to a contract for the sale and purchase of that land; or
b: is transferred (without breaching this section) to any person that is not a Crown body,— this section and section 12
10: Clause 10 of the deed of settlement shall cease to have effect from the date on which sections 12 13 Section 11(1)﻿(c)﻿(i) amended 1 July 2001 section 24(1) Housing Corporation Amendment Act 2001
12: Rights of land holding trustee in regard to property that it has previously elected not to take
Where a settlement property becomes residual Crown land by virtue of Waikato electing under clause 8 of the deed of settlement not to take that property, section 11
a: a notice had been given to the land holding trustee under subsection (1) of that section offering to sell the property to the land holding trustee for the price and on the other terms on which the property was offered to the land holding trustee under the deed of settlement; and
b: the land holding trustee had not, within the time prescribed by subsection (2) of that section,—
i: given, under that subsection, written notice of acceptance of the offer; or
ii: otherwise agreed in writing to purchase the property; and
c: the land holding trustee had received the notice under subsection (1) of that section on the date on which the election takes effect.
13: Noting of right to acquire residual Crown land on certificates of title
1: As soon as reasonably practicable after the date on which this section comes into force, the Director-General shall issue to the District Land Registrar 1 or more certificates that identify all the certificates of title for the residual Crown land for which certificates of title have been issued at that date.
2: As soon as reasonably practicable after the date on which a certificate of title is issued for any residual Crown land, being a date after the date on which this section comes into force, the Director-General shall issue to the District Land Registrar a certificate that identifies the certificate of title concerned.
3: As soon as reasonably practicable after receiving a certificate from the Director-General under either subsection (1) or subsection (2), the District Land Registrar shall, without fee, note on the certificate or certificates of title to the land to which the certificate from the Director-General relates, the words Subject to section 11 of the Waikato Raupatu Claims Settlement Act 1995 (which provides for residual Crown land to be offered for purchase to a land holding trust for Waikato in certain circumstances)
4: Where any residual Crown land for which a certificate of title has been issued is to be transferred (without breaching section 11
a: the transferor shall notify the Director-General of the transfer; and
b: the Director-General shall, before registration of the transfer, issue to the District Land Registrar a certificate stating that the land is to be so transferred and identifying the certificate of title concerned.
5: On receipt of a certificate under subsection (4) and before registration of the transfer, the District Land Registrar shall, without fee, delete by endorsement the words previously noted on the certificate of title for the land in accordance with subsection (3).
6: Whenever the Director-General issues a certificate to the District Land Registrar under this section, the Director-General shall send a copy of the certificate to the land holding trustee.
14: Removal of resumptive memorials from land within Waikato claim area
1: Nothing in—
a: sections 8A to 8H
b: sections 27A to 27C
c: Part 3
d: the amendments made to the Treaty of Waitangi Act 1975 Part 4
e: sections 568 to 570
f: any enactment equivalent to any of the enactments specified in paragraphs (a) to (e),— shall apply in relation to any land within the Waikato claim area.
2: Subsection (1) of this section shall apply in relation to any claim submitted to the Waitangi Tribunal under section 6
3: The Director-General shall, as soon as reasonably practicable after the commencement of this subsection, issue to the District Land Registrar 1 or more certificates that identify each certificate of title relating to land within the Waikato claim area that contains a memorial entered pursuant to any of the enactments referred to in subsection (1).
4: The District Land Registrar shall, as soon as reasonably practicable after receiving a certificate issued to that District Land Registrar under subsection (3) and without fee,—
a: register the certificate against each certificate of title identified in the certificate; and
b: cancel each memorial that, pursuant to any of the enactments referred to in subsection (1), is entered on a certificate of title identified in the certificate.
5: Subject to subsection (6), subsections (1) to (4) do not apply in respect of—
a: the land specified in Schedule 2
b: the Maramarua land, as described in Attachment 10 to the deed of settlement.
6: Subject to subsection (7), the Governor-General may, by 1 or more Orders in Council, apply subsections (1) to (4) to the whole or part of the Maramarua land referred to in subsection (5)﻿(b).
7: No Order in Council shall be made under subsection (6) in respect of any land unless the Minister is of the opinion that a final determination or a final recommendation has been made in respect of any relevant claims (including claims made by the Hauraki Maori Trust Board) in respect of the land to which the Order in Council relates.
8: The Minister must ensure that an order under this section is published in the Gazette Section 14(1)﻿(e) replaced 1 August 2020 section 668 Education and Training Act 2020 Section 14(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15: Power to amend Schedule 2
1: Subject to subsections (2) and (3), the Governor-General may from time to time, by Order in Council, amend Schedule 2
2: The Governor-General shall not make an Order in Council under subsection (1) unless the Governor-General is satisfied, on the advice of the Minister of Justice, that the pieces of land described in the order are pieces of land within the Waikato claim area that should not cease to be subject to the enactments referred to in section 14(1)
3: No Order in Council shall be made under this section after 14 November 1995.
4: This section shall come into force on the day on which this Act receives the Royal assent.
5: An order under this section is 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 15(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Power of the Crown to compulsorily acquire property for purpose of settlement
1: Where the Crown is obliged by the deed of settlement to transfer to the land holding trustee a property of a Crown body (or any body that was a Crown body at the date on which the deed of settlement was signed), the Minister of Lands may, after consultation with—
a: any Minister of the Crown for the time being responsible for that body; and
b: any Minister of the Crown who is a shareholder of the body,— acquire the property under Part 2 Parts 2 4 5 6 7 Schedules 1 3 4 5 Schedule 3
2: The existence on the certificate of title to any property acquired pursuant to subsection (1) of a memorial under any of the enactments referred to in section 14(1) the Public Works Act 1981
3: Where a lease of a property acquired pursuant to subsection (1) has been or is to be granted to the body from whom the property is acquired, that lease shall be taken into account in any assessment of compensation made under the Public Works Act 1981
4: In this section, the term property
17: Issue of certificates of title
Where any settlement property, or residual Crown land, for which no certificate of title has been issued under the Land Transfer Act 1952
a: is vested in the Crown; but
b: is to be acquired by the land holding trustee,— then, notwithstanding any other enactment or rule of law, the District Land Registrar shall, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 Provisions relating to trusts
18: Land holding trustee authorised to acquire land
Notwithstanding section 26
a: acquire from the Crown any settlement property or residual Crown land, whether or not subject to any lease to, or other interest of, any other person:
b: sign any document or do any other thing for the purposes of any such acquisition.
19: Provision for registration of land in name of Pootatau Te Wherowhero
1: Notwithstanding the Land Transfer Act 1952
a: be registered in the name of Pootatau Te Wherowhero, rather than in the name of the land holding trustee; or
b: be no longer registered in the name of Pootatau Te Wherowhero, and instead be registered in the name of the land holding trustee.
2: If the District Land Registrar receives—
a: a direction in writing from the land holding trustee under subsection (1)﻿(a); or
b: a direction in writing from the land holding trustee under subsection (1)﻿(b), together with—
i: a certificate in writing from the land holding trustee as to the persons who are at that time custodians of Te Wherowhero title
ii: a written consent to that direction executed by each such person,— the District Land Registrar shall give effect to that direction.
3: Where any land or interest in land is registered under the Land Transfer Act 1952
a: the land holding trustee shall have all the rights, duties, and powers of the registered proprietor of that land or interest (except that the land or interest shall continue to be registered in that name unless a direction is given under subsection (1)﻿(b)), and shall exercise and perform every such right, duty, and power in its own name and not in the name of Pootatau Te Wherowhero; and
b: the District Land Registrar shall have regard to paragraph (a).
4: The presentation to the District Land Registrar of a direction in writing—
a: executed or purporting to be executed by the land holding trustee; and
b: relating to any land registrable or registered in the name of the land holding trustee or in the name of Pootatau Te Wherowhero; and
c: in the case of a direction given under subsection (1)﻿(b), containing a consent executed or purporting to be executed by each of the persons who are required by subsection (2)﻿(b) to execute the consent; and
d: containing a recital that the direction is given under paragraph (a) or paragraph (b) (as the case may be) of subsection (1)— shall, in the absence of evidence to the contrary, be sufficient evidence that the direction has been given under that paragraph and that any consents required by subsection (2)﻿(b) have been given.
20: Trust deed for land holding trust
The land holding trustee—
a: shall, in accordance with section 128(2)
b: shall, in accordance with section 128(2)
21: Vesting of Te Rapa and Hopuhopu land in name of Pootatau Te Wherowhero
1: On the date on which this section comes into force,—
a: the Te Rapa land and the Hopuhopu land shall, by virtue of this section, vest in the land holding trustee upon the trusts declared in the trust deed for the land holding trust; and
b: the land holding trustee shall be deemed to have directed in writing under section 19(1)﻿(a)
2: As soon as practicable after the date on which this section comes into force, the District Land Registrar shall, after any surveys that are necessary have been completed, issue certificates of title under the Land Transfer Act 1952
a: shall be subject to sections 10 11 Part 4A
b: shall be subject to, and shall have the benefit of, any relevant easements, encumbrances, restrictions, and other interests.
3: In this section, the term Hopuhopu land
a: all that piece of land containing 50.4750 hectares, more or less, being Allotment 541, Parish of Pepepe, as shown on ML 22198, lodged in the office of the Chief Surveyor at Hamilton; and
b: all those pieces of land containing together 137.8640 hectares, more or less, being Allotments 386 to 390, Komakorau Parish, as shown on ML 22197, lodged in the office of the Chief Surveyor at Hamilton.
4: In this section, the term Te Rapa land
5: Each vesting of land in the land holding trustee by subsection (1)﻿(a) shall be deemed to be a disposition of land by the Crown for the purposes of Part 4A
22: Land holding trust not subject to Te Ture Whenua Maori Act 1993
Nothing in Te Ture Whenua Maori Act 1993
23: Land holding trust not subject to maximum duration rule
No rule of law or provisions of an Act, including section 16
a: prescribe or restrict the period during which the land holding trust may exist; or
b: apply in relation to the rights conferred by section 11 Section 23 replaced 30 January 2021 section 161 Trusts Act 2019
24: Establishment of land acquisition trust
For the purposes of giving effect to the deed of settlement,—
a: the Crown is hereby authorised to establish the land acquisition trust; and
b: any Minister of the Crown may on behalf of the Crown sign 1 or more deeds or other documents, and do any other thing, that may be necessary to establish the trust. Appointments to Conservation Board
25: Amendments to Conservation Act 1987
1), (2: Amendment(s) incorporated in the Act(s)
3: This section shall come into force on 1 September 1996. Crown forest assets
26: Crown forest assets
1: In this Act,— claimants Crown forestry licence section 14 Crown Forestry Rental Trust trust section 34 licensed land the Crown Forest Assets Act 1989 Maramarua forest land Onewhero forest land
2: On the date on which this subsection comes into force,—
a: the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)﻿(a) section 36(1)﻿(b)
b: the provisions of the Treaty of Waitangi Act 1975 Crown Forest Assets Act 1989 section 36(1)﻿(b)
3: On the date on which this subsection comes into force,—
a: the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)﻿(a) section 36(1)﻿(b)
b: the provisions of the Treaty of Waitangi Act 1975 Crown Forest Assets Act 1989 section 36(1)﻿(b)
4: On the date on which this subsection comes into force,—
a: the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)﻿(b)
b: the provisions of the Treaty of Waitangi Act 1975 Crown Forest Assets Act 1989
5: No Order in Council may be made bringing subsection (3) into force unless, in the opinion of the Minister,—
a: a final recommendation has been made by the Waitangi Tribunal, or a final determination has been made by an appropriate judicial authority, on both the claim made by the claimants to the Maramarua forest land and the competing claim made by the Hauraki Maori Trust Board to the Maramarua forest land; or
b: an agreement has been reached between the claimants and the Hauraki Maori Trust Board on both the claim made by the claimants to the Maramarua forest land and the claim made by the Hauraki Maori Trust Board to the Maramarua forest land.
6: The Order in Council bringing subsection (3) into force shall,—
a: state whether the whole or part of the Maramarua forest land is to be transferred to the land holding trustee; and
b: where only part of the Maramarua forest land is to be transferred to the land holding trustee, identify the part of that land that is to be so transferred.
7: Nothing in this section shall prejudice any right which Waikato may have to apply to the trustee of the Crown Forestry Rental Trust for payment of their costs for the preparation and presentation of their claim to the Maramarua forest land. Tainui Maori Trust Board
27: Cancellation of Tainui Maori Trust Board annuity
Amendment(s) incorporated in the Act(s)
28: Dissolution of Tainui Maori Trust Board
1: In this section and in Schedule 4 appointed day successor Trust Board
2: On the appointed day,—
a: the undertaking of the Trust Board shall, by virtue of this section, vest in the successor; and
b: the Trust Board shall be deemed to be dissolved; and
c: every person holding office as a member of the Trust Board shall cease to hold that office.
3: The provisions of Schedule 4
4: Amendment(s) incorporated in the Act(s)
29: Final accounts of Tainui Maori Trust Board
1: As soon as reasonably practicable after the commencement of section 28
2: A copy of the final accounts of the Tainui Maori Trust Board, together with a copy of the report of the Audit Office on those accounts, shall be sent to the Minister of Maori Affairs by the body corporate which, or person who, causes those final accounts to be prepared.
3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be laid before the House of Representatives by the Minister of Maori Affairs as soon as practicable after their receipt by that Minister. Amendment to Treaty of Waitangi Act 1975 Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
30: Jurisdiction of Tribunal to consider claims
Section 30 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Amendments to Transit New Zealand Act 1989
31: Maori interests to be considered
1:
2: Subsection (1), and section 27 Section 31(1) repealed 1 July 1996 section 31(2)
32: Maori interests to be considered
1: Amendment(s) incorporated in the Act(s)
2: No Order in Council may be made bringing subsection (1) into force before 1 July 1996.
33: Authority may declare State highways
Amendment(s) incorporated in the Act(s) Amendment to Resource Management Act 1991
34: Conditions of resource consents
Amendment(s) incorporated in the Act(s) Amendments to Crown Minerals Act 1991
35: Entry on Crown land for minimum impact activity
Amendment(s) incorporated in the Act(s)
36: Declaration by Order in Council that access arrangement may be determined by arbitrator
Amendment(s) incorporated in the Act(s) Amendments to Public Works Act 1981
37: Sections to be read with Public Works Act 1981
1: This section and the next succeeding section shall be read together with and deemed part of the Public Works Act 1981
2: This section and the next succeeding section shall come into force on the day on which this Act receives the Royal assent.
38: New sections inserted
Amendment(s) incorporated in the Act(s)