Ngaa Rauru Kiitahi Claims Settlement Act 2005

1: Title
This Act is the Ngaa Rauru Kiitahi Claims Settlement Act 2005.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Acknowledgements and apology by the Crown to Ngaa Rauru Kiitahi, and preliminary provisions
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Ngaa Rauru Kiitahi in the deed of settlement dated 27 November 2003 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Mike Neho, Carolyn Young, Martin Davis, and Bill Hamilton for Ngaa Rauru Kiitahi; and
b: to give effect to certain provisions of the deed of settlement, which is a deed that settles the Ngaa Rauru Kiitahi historical claims.
4: Act binds the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: Part 1 records the acknowledgements and apology given by the Crown to Ngaa Rauru Kiitahi in the deed of settlement and includes the preliminary provisions.
3: Part 2
4: Part 3
a: a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngaa Rauru Kiitahi historical claims; and
b: provision for consequential amendments to the Treaty of Waitangi Act 1975
c: a statement of the effect of the settlement on certain resumptive memorials; and
d: miscellaneous matters relating to the settlement, namely, the exclusion of the limit on the duration of a trust
5: Part 4
a: the issue of protocols to the governance entity by the Ministers of Conservation, Fisheries, and Energy, and the Minister for Arts, Culture, and Heritage; and
b: the vesting in the governance entity or the approved transferee of the fee simple estate in 5 cultural redress properties; and
c: an acknowledgement by the Crown of the statements made by Ngaa Rauru Kiitahi of their cultural, spiritual, historical, and traditional association with certain statutory areas, with provision for entering into deeds of recognition in relation to 5 statutory areas, together with provisions as to the effect of these instruments; and
d: the grant of renewable Uukaipoo entitlements over certain Uukaipoo sites; and
e: an acknowledgement of Ngaa Rauru Kiitahi values in respect of the Toopuni site described in Schedule 12
f: a right of first refusal for 50 years in favour of the governance entity for certain shellfish quota; and
g: a preferential right to purchase authorisations in respect of coastal space if the Minister of Conservation offers, by public tender under Part 7
h: the place name to be altered.
6: There are 13 schedules that—
a: describe the cultural redress properties; and
b: describe the Uukaipoo sites; and
c: describe the areas over which statutory acknowledgements are made and those for which deeds of recognition may be entered into; and
d: set out the texts of the statements by Ngaa Rauru Kiitahi of their association with the statutory areas; and
e: set out the text of the Ngaa Rauru Kiitahi values in relation to the Toopuni site; and
f: list the place name to be altered. Section 5(4)﻿(d) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements and apology
Sections 7 to 10
7: Text of acknowledgements in Maori—He Whakaaetanga na te Karauna
The text of the acknowledgments in Maori as set out in the deed of settlement is as follows:
1: E whaaki ana te Karauna naa te whakaputu haere a ngaa mahi whati i ngaa paiaka o te Tiriti o Waitangi
2: E whaaki ana te Karauna:
a: ko ngaa mahi hokohoko a te Karauna, inaa peenei i te hokonga ki Waitootara i timata i te tau 1859, na, ka tuputupu te kaarangi, koia i tautoo haere tonu ai ngaa pakanga o Taranaki i uru tahi ai a Ngaa Rauru Kiitahi; aa
b: kiihai ngaa whakatuunga hokohoko haere i tika ki Waitootara i te waa tonu o ngaa pakanga, koia i kino ake ngaa wehewehenga o roto tonu o Ngaa Rauru Kiitahi; aa
c: naa te mau tonu mai o ngaa aahuatanga i Taranaki i ngaa tau 1859 ki 1863 i ara mai ngaa takahii o ngaa hokohoko ki Waitootara e whati ana i te tino koorero o Te Tiriti o Waitangi
3: E whaaki ana te Karauna:
a: i paanuitia te ture taua ki Taranaki i te tau 1860 aa, nawhai aa, i te tau 1864–1865 ka rewa te whakaariki ki te hau whakararo o Taranaki; aa
b: hinga hinga haere a Ngaa Rauru Kiitahi i ngaa hii pakanga o eeraa waa, inaa hoki ko te patunga mai o ngaa tamariki kore mau puu e ngaa hoia ki te wharau o Handley. He whakaeke tukikore i te hunga kua kore hara; aa
c: moo Ngaa Rauru Kiitahi, turakina katoatia oona kaainga, oona rawa, oona maara, oona taaonga e te ringa maaro o te Karauna, i te waa o ngaa pakanga, naa, koinei te whakakaupapa mai a te Karauna ki te hau whakararo o Taranaki ara, ko te scorched earth policy
d: ko eeraa Uki o Ngaa Rauru Kiitahi i panaia i oo raatou whenua, i whirinakitia ki te ngaakau o iwi kee atu hei whai nohoanga; aa
e: ka kaawhakina ngaa uki a Ngaa Rauru Kiitahi, ka noho manene te iwi i toona rohe, kua kore oona whare mai i ngaa tau 1869 tae noa atu ki 1873. Ka tokatuu teenei aahua kaaore oo raatou kaainga tae atu ki te waa i riro ngaa whenua raahui e tika ana hei hoatu ki a raatou. I puta eenei whainga moo ngaa whenua raahui i ngaa uiuitanga o te Komihana o te tai hauauru i te tau 1880 ki 1881; aa
f: he mea whakawiri te mauheretanga o Ngaa Rauru Kiitahi i ngaa pakanga o 1860 neke atu, peenei i eeraa Maaori i Weraroa i te tau 1865, ka noho whakawiringa eeraa Maaori me oo raatou whaanau, hapuu hoki i 1879–1880 anoo hoki; aa
g: naa ngaa pakanga te tuukino i whakauu, aa, i whati i ngaa tikanga o te Tiriti o Waitangi
4: E whaaki ana te Karauna:
a: kaaore aana tapanga i pai ki eetehi Ngaa Rauru Kiitahi, e mea atu ana he tangata tautohe, koiraa he putanga tuukino moo te iwi katoa me oona whenua i murua i te otinga atu; aa
b: i roto i ngaa whaanuitanga, i ngaa whakamahinga i kitea, korekau he tikanga i arataki pai i ngaa mahi murunga; aa
c: naa ngaa mahi murunga i te tau 1865 i rawakore ai a Ngaa Rauru Kiitahi i ngaa whenua, i ngaa rawa, aa, kiihai i taea oona Ngaa Raurutanga te whakatangata moo eeraa aahua, koia i peehia ai te rawakore hei korowai taratara ki runga ki a raatou, ki toona mutunga ake, i taawewehe ai te nohotahi, te oranga mai oo ngaa tikanga ake o Ngaa Rauru Kiitahi; aa
d: naa te ngoikore whakahaeretanga a te Kooti Kamupeneheihana i kite ai i ngaa mahinga whakawaa wawe moo te murunga i ngaa whenua, koia aua whenua raahui i whakaritea hei hoatu ki a Ngaa Rauru Kiitahi; aa
e: i takamori mai ngaa whakahaeretanga a te Kooti Kamupeneheihana moo ngaa taakoha, me te hopuhopu haere a te Karauna i ngaa rawa a Ngaa Rauru Kiitahi. Koia, o 17 000 eka te nui e tika ana me whiwhi, e 3 000 anake ngaa eka i riro mai i te Kooti Kamupeneheihana ki ngaa Maaori kei te whakatonga o Taranaki; aa
f: i te whakahokitanga mai o ngaa whenua, kua whakakorengia te mana whenua o Ngaa Rauru Kiitahi e ngaa mahi murunga a te Karauna, noo reira e whati ana i ngaa tikanga o te Tiriti o Waitangi
g: kiihai ngaa mahi murunga i tuutika, i whakakorengia te mana motuhake o Ngaa Rauru Kiitahi moo toona whenua, kaati e whati ana i ngaa tikanga o te Tiriti o Waitangi
5: E whaaki ana te Karauna naa ngaa mahi herehere i ngaa uki o Ngaa Rauru Kiitahi me Taranaki, kia noho manene, koiraa i ahu mai i te whakatuunga o te kaupapa o te maungarongo i nga tau 1879 huri atu ki 1880, noo aua aahuatanga i tuuraki i te mana motuhake o aua iwi. I uutaina mai ngaa uauatanga ki runga ki a raatou, ki ngaa whaanau, ki ngaa hapuu, naa i whati ngaa tikanga o te Tiriti o Waitangi
6: E whaaki ana te Karauna:
a: he mea takarepa te mahi maatorohanga a te Komihana o te Tai Hauauru, kiihai i aro tika atu ki ngaa tuukino i whakaaria mai e ngaa mahi murunga; aa
b: ko ngaa whenua i raahuitia e te Komihana, kiihai i tau ngahuetia mai moo ngaa hiahiatanga o ngaa uki o Ngaa Rauru Kiitahi ki roto ki ngaa waahi whenua i raahuitia; aa
c: i runga i aana mahi e paa ana ki ngaa whakatikatikatanga a ngaa whenua raahui o te Tai Hauauru, me ngaa kawenga o teetehi tikanga whakahaere. Naa teeraa aahua i puta ai ngaa whenua riihi whakapuumau, i puta ai te hokonga atu o ngaa whenua ki te tangata ki te Kaitiaki Tumatanui me ngaa Kaitiaki Maaori i te rau tau rua tekau:
i: kua unuhia te mana whakahaere, te mana whenua o ngaa hapuu katoa o Ngaa Rauru Kiitahi moo ngaa whenua pakupaku i whakaritea moo raatou; aa
ii: naa eenei whakatoopuutanga, i whati mai i ngaa tikanga o te Tiriti o Waitangi
7: E whaaki ana te Karauna:
a: ko eetehi o ngaa kaupapa o te Karauna e paa ana ki ngaa whenua Maaori, kua noho whakararuraru ki eeraa uki o Ngaa Rauru Kiitahi e hiahia ana ki te puriti tonu ki ngaa whenua. I whakaitia te kaha kia whakauu i too raatou Ngaa Raurutanga moo aua whenua; aa
b: i ngaa raa o mua, ko te taaone o Wairoaiti, ko te rohe o Nukumaru, ko ngaa waahi whakakitekite, me eetehi atu waahi e noho ana hei papa atawhai, koinei ngaa waahi i te noho i raro i te taumarumaru o Ngaa Rauru Kiitahi, ko ia tonu te Kaitiaki moo aua whenua; aa
c: kua noho whaihua ngaa taangata kee o Taranaki me Aotearoa puta noa, ki ngaa whenua ki ngaa rawa hoki i murua i a Ngaa Rauru Kiitahi. Kua noho raawaho a Ngaa Rauru Kiitahi i toona ake whenua. Waihoki ko te whakahuinga o eenei aahua kua noho whenua kore a Ngaa Rauru Kiitahi; aa
d: kiihai te Karauna i aronui atu moo Ngaa Rauru Kiitahi kia taea e taua iwi te pupuri ki ngaa whenua rawe hei whaawhaatanga moo naianei, moo aapoopoo hoki. Koia e whawhati mai i ngaa tikanga o te Tiriti o Waitangi
8: E whaaki ana te Karauna kia whaia ngaa take e Ngaa Rauru Kiitahi e paa ana ki ngaa mahi takahii a te Karauna i ngaa rautau tekau ma iwa, rua tekau anoo hoki. Ina hoki ko taa te Karauna kua whaaki mai kua whawhati mai i ngaa tikanga o te Tiriti o Waitangi
8: Text of acknowledgements in English
The text of the acknowledgements in English as set out in the deed of settlement is as follows:
1: The Crown acknowledges that the cumulative effect of its breaches of the Treaty of Waitangi
2: The Crown acknowledges that:
a: Crown purchasing, such as the Waitotara purchase that commenced in 1859, created tensions that contributed to the continuation of the Taranaki wars in which Ngaa Rauru Kiitahi participated; and
b: the continuation of the Waitotara purchase during a time of war was not appropriate and exacerbated divisions within Ngaa Rauru Kiitahi; and
c: because of the circumstances prevailing in Taranaki between 1859 and 1863, elements of the Waitotara purchase constituted a breach of the Treaty of Waitangi
3: The Crown acknowledges that:
a: it proclaimed martial law in Taranaki in 1860 and that later in 1864–1865 it launched an offensive in south Taranaki; and
b: Ngaa Rauru Kiitahi suffered loss of life during the wars, including the lives of unarmed children killed by government militia at Handley’s Woolshed in an unprovoked attack; and
c: Ngaa Rauru Kiitahi suffered the destruction of their homes, property, cultivations, and taonga at the Crown’s hands during the wars and as a result of the Crown’s scorched earth
d: during the wars those Ngaa Rauru Kiitahi who were driven off their land had to rely on the goodwill of other iwi for refuge; and
e: Ngaa Uki o Ngaa Rauru Kiitahi were forced into exile from their rohe and rendered homeless from 1869 until 1873, and remained without permanent homes until they received the reserves to which they were entitled after the West Coast Commissions of Inquiry in 1880 and 1881; and
f: its treatment of Ngaa Rauru Kiitahi taken prisoner during the wars of the 1860s, such as those who were at Weraroa in 1865, resulted in hardships for those imprisoned and their whaanau and hapuu and that these hardships were suffered again in 1879–1880; and
g: the wars constituted an injustice and were in breach of the Treaty of Waitangi
4: The Crown acknowledges that:
a: it acted unfairly in labelling some Ngaa Rauru Kiitahi as rebels, which had detrimental consequences for the whole iwi whose land was confiscated as a result; and
b: the confiscation was indiscriminate in extent and application; and
c: as a result of the confiscation in 1865, Ngaa Rauru Kiitahi was dispossessed of land and resources and unable to exercise Ngaa Raurutanga over them, which had a devastating effect on the economic development and the social and cultural well-being of Ngaa Rauru Kiitahi; and
d: the prejudicial effect of the confiscation was compounded by the inadequacies in the Compensation Court process, by which reserves were to be granted to Ngaa Rauru Kiitahi; and
e: delays in the implementation of the Compensation Court awards and systematic Crown acquisition of Ngaa Rauru Kiitahi interests meant that ultimately Ngaa Rauru Kiitahi received only 3 000 of the 17 000 acres granted to south Taranaki Maori by the Compensation Court; and
f: when land was finally returned, Ngaa Rauru Kiitahi found that its customary title to this land had been compulsorily extinguished by the Crown’s confiscation, and this was a breach of the Treaty of Waitangi
g: the confiscation was unjust, compulsorily extinguished Ngaa Rauru Kiitahi customary title to land, and was a breach of the Treaty of Waitangi
5: The Crown acknowledges that the treatment of those Ngaa Rauru Kiitahi and Taranaki Maori imprisoned and exiled as a result of the passive resistance campaign from 1879 to 1880 deprived those people of basic human rights, inflicted unwarranted hardships on them and their whaanau and hapuu, and this was a breach of the Treaty of Waitangi
6: The Crown acknowledges that:
a: the West Coast Commissions were inadequate in their scope and did not address the injustices perpetrated by the confiscations; and
b: the reserves formalised by the Commissions were not sufficient for the ongoing needs of Ngaa Rauru Kiitahi within the confiscation boundary; and
c: its actions with respect to the West Coast Settlement Reserves, including the imposition of a regime of perpetually renewable leases and the sale of land by the Public and Maori Trustees in the 20th century—
i: have ultimately deprived Ngaa Rauru Kiitahi hapuu of the control and ownership of the minimal land set aside for them; and
ii: considered cumulatively, were in breach of the Treaty of Waitangi
7: The Crown acknowledges that:
a: some Crown policies relating to Maori land have had a prejudicial effect on those Ngaa Rauru Kiitahi who wished to retain their land and diminished their ability to exercise Ngaa Raurutanga over that land; and
b: the town of Waverley, the Nukumaru Domain, the vast scenic reserves, and other tracts of land now making up the conservation estate, were once under the protection of Ngaa Rauru Kiitahi as kaitiaki; and
c: the people of Taranaki and New Zealand generally have benefited from the land and other resources confiscated and otherwise alienated from Ngaa Rauru Kiitahi, while the cumulative effect of the Crown’s actions has been to leave Ngaa Rauru Kiitahi virtually landless; and
d: the Crown has failed to ensure that sufficient land was retained by Ngaa Rauru Kiitahi for their present and future needs and this failure was a breach of the Treaty of Waitangi
8: The Crown acknowledges that Ngaa Rauru Kiitahi has pursued grievances that relate to Crown action in the 19th and 20th centuries in addition to those grievances the Crown acknowledges are in breach of the Treaty of Waitangi
9: Text of apology in Maori—He Whakapaha a te Karauna
The text of the apology in Maori as set out in the deed of settlement is as follows:
1: E tuku whakapaaha ana te Karauna ki a Ngaa Rauru Kiitahi, ki oo raatou tuupuna, ki oo raatou uri whakaheke, ki ngaa Uki o Ngaa Rauru Kiitahi hoki.
2: E tino poouri ana, e tuku whakapaaha herekore ana te Karauna ki a Ngaa Rauru Kiitahi moo aana mahi i te waa o ngaa pakanga ki Taranaki, moo te orotaa, moo te mamae i paa mai ki a Ngaa Rauru Kiitahi, taapiri atu ko eeraa i mate i te waa o ngaa pakanga.
3: E tino poouri ana, e tuku whakapaaha herekore ana te Karauna, moo tana raupatu i ngaa whenua o Ngaa Rauru Kiitahi, he mahi moorikarika.
4: E tino poouri ana, e tuku whakapaaha herekore ana te Karauna ki a Ngaa Rauru Kiitahi, moo ngaa putanga i hua mai i aana mahi me ngaa mahi kaaore i mahia e ia aa, ko te hua o eenei, ko te whakaruhinga o te Ngaa Raurutanga. I paa mai te kino ki te oohanga, te whanaketanga me te pai o te hapori o Ngaa Rauru Kiitahi me te aha, kua noho tata whenua kore te iwi. Kei te rongo tonu ngaa whakatupuranga o eenei raa i ngaa mamae me ngaa taumahatanga i utaina ki runga i a Ngaa Rauru Kiitahi.
5: E tino poouri ana te Karauna moo tana kore aro ki te mana, ki te Ngaa Raurutanga o Ngaa Rauru Kiitahi.
6: E tino poouri ana, e tuku whakapaaha herekore ana te Karauna ki a Ngaa Rauru Kiitahi moo ana takahitanga e raarangi nei i runga ake o te Tiriti o Waitangi
7: Naa reira e ngana ana te Karauna ki te whakatika i oona hee, ki te whakatuu i teetahi hononga kaha ake ki a Ngaa Rauru Kiitahi i runga hoki i te Tiriti o Waitangi
10: Text of apology in English
The text of the apology in English as set out in the deed of settlement is as follows:
1: The Crown apologises to Ngaa Rauru Kiitahi, to their ancestors, to their descendants, and to Ngaa Uki o Ngaa Rauru Kiitahi.
2: The Crown profoundly regrets, and unreservedly apologises to Ngaa Rauru Kiitahi for, its actions during the Taranaki wars, the destructive and demoralising effects of these actions on Ngaa Rauru Kiitahi, and loss of life during the wars.
3: The Crown profoundly regrets, and unreservedly apologises for, the confiscation of Ngaa Rauru Kiitahi land, which was unconscionable.
4: The Crown profoundly regrets, and unreservedly apologises to Ngaa Rauru Kiitahi for, the cumulative effects of its actions and omissions, which have undermined Ngaa Raurutanga. These effects have also had a devastating impact on their economy, development, and social structure, and have resulted in the virtual landlessness of Ngaa Rauru Kiitahi. The suffering and hardship caused to Ngaa Rauru Kiitahi over the generations has continued to the present day.
5: The Crown profoundly regrets its failure to acknowledge the mana and Ngaa Raurutanga of Ngaa Rauru Kiitahi.
6: The Crown profoundly regrets and apologises to Ngaa Rauru Kiitahi for the breaches of the Treaty of Waitangi
7: Accordingly, the Crown seeks to atone for these wrongs and build a stronger relationship with Ngaa Rauru Kiitahi based on the Treaty of Waitangi
2: Interpretation
11: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
12: Interpretation
In this Act, unless the context otherwise requires,— archaeological site section 6 business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of the provinces of Wellington and Taranaki chief executive Commissioner of Crown Lands section 2 consent authority section 2(1) Conservation Board section 2(1) conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown entity section 2(1) Crown owned minerals section 2(1) sections 10 11 Continental Shelf Act 1964 cultural redress property Schedule 1 deed of recognition section 48 deed of settlement deed
a: means the deed of settlement dated 27 November 2003 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Mike Neho, Carolyn Young, Martin Davis, and Bill Hamilton for Ngaa Rauru Kiitahi; and
b: includes—
i: the schedules of the deed; and
ii: amendments to the deed or to the attachments or the schedules Director-General section 2(1) DOC protocol section 21
a: sets out how the Department of Conservation will interact with the governance entity in relation to the matters specified in the protocol; and
b: provides for input by Ngaa Rauru Kiitahi into certain Department of Conservation processes in relation to the matters specified in the protocol; and
c: is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21 DOC protocol area effective date encumbrance Schedule 1 fisheries legislation
a: the Fisheries Act 1983
b: the Fisheries Act 1996
c: all regulations made under either or both of those Acts fisheries protocol section 21
a: sets out how the Ministry of Fisheries will interact with the governance entity in relation to matters specified in the protocol; and
b: provides for input by Ngaa Rauru Kiitahi into certain processes of the Ministry in relation to the matters specified in the protocol; and
c: is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21 fisheries protocol area governance entity Heritage New Zealand Pouhere Taonga section 9 local authority section 2(1) MED protocol section 21
a: sets out how the Ministry of Economic Development will interact with the governance entity in relation to the matters specified in the protocol; and
b: provides for input by Ngaa Rauru Kiitahi into certain processes of the Ministry in relation to the matters specified in the protocol; and
c: is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21 MED protocol area member of Ngaa Rauru Kiitahi (Ngaa Uki o Ngaa Rauru Kiitahi) section 13(1)﻿(a) national park management plan section 2 New Zealand Conservation Authority section 2(1) Ngaa Rauru Kiitahi Ngaa Rauru Kiitahi tupuna section 13 Ngaa Rauru Kiitahi area of interest Ngaa Rauru Kiitahi historical claims section 14 protected New Zealand objects protocol section 21
a: sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in that protocol; and
b: provides for input by Ngaa Rauru Kiitahi into certain processes of the Ministry for Culture and Heritage in relation to the matters specified in the protocol; and
c: is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21 protected New Zealand objects protocol area Registrar-General section 4 relevant consent authority representative entity
a: the governance entity:
b: Nga Rauru Iwi Authority:
c: a person (including any trust or trustees) acting for, or on behalf of,—
i: the iwi or collective group referred to in section 13(1)﻿(a)
ii: any 1 or more members of Ngaa Rauru Kiitahi; or
iii: any 1 or more of the hapuu, groups, family, or whaanau of individuals referred to in section 13(1)﻿(b)﻿(ii) resource consent section 87 responsible Minister subpart 1
a: the Minister of Conservation:
b: the Minister for Economic Development:
c: the Minister of Fisheries:
d: the Minister for Arts, Culture and Heritage:
e: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 responsible Ministry subpart 1
a: the Department of Conservation:
b: the Ministry for Economic Development:
c: the Ministry of Fisheries:
d: the Ministry for Culture and Heritage:
e: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 RFR area RFR deed river settlement date statutory acknowledgement section 40 subpart 3 statutory area Schedule 3 waterway
a: means a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water, and includes a stream and modified watercourse; and
b: includes coastal waters, including harbours; but
c: does not include an artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal. Section 12 antiquities protocol repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 antiquities protocol area repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 archaeological site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 12 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 12 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 protected New Zealand objects protocol inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 protected New Zealand objects protocol area inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006
13: Meaning of Ngaa Rauru Kiitahi
1: In this Act, Ngaa Rauru Kiitahi
a: means the iwi, or collective group, composed of—
i: individuals descended from 1 or more Ngaa Rauru Kiitahi tupuna; and
ii: every individual referred to in paragraph (a)﻿(i); and
iii: every individual who is a member of a hapuu referred to in paragraph (b); and
b: includes the following hapuu—
i: Rangitaawhi:
ii: Pukorokoro:
iii: Ngaati Hine:
iv: Kairakau:
v: Ngaati Maika I:
vi: Manaia:
vii: Ngaa Ariki:
viii: Ngaati Pourua:
ix: Ngaati Hou Tipua:
x: Ngaati Hine Waiatarua:
xi: Ngaati Ruaiti:
xii: Ngaati Maika II:
xiii: Tamareheroto:
xiv: Ngaati Pukeko:
xv: Ngaati Iti:
xvi: Ngaati Hine Waiata:
xvii: Ngaati Tai; and
c: includes any whaanau, hapuu, or group of individuals composed of individuals referred to in paragraph (b)﻿(i) to (xvii).
2: In this section and section 14 Ngaa Rauru Kiitahi tupuna
a: by virtue of being descended from—
i: Rauru; or
ii: a recognised ancestor of any of the hapuu referred to in subsection (1)﻿(b); and
b: at any time after 6 February 1840 in relation to the area of interest.
3: In subsection (2), customary rights
a: rights to occupy land; and
b: rights in relation to the use of—
i: land:
ii: other natural or physical resources.
14: Meaning of Ngaa Rauru Kiitahi historical claims
1: In this Act, Ngaa Rauru Kiitahi historical claims
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, or notified on or before the settlement date) that Ngaa Rauru Kiitahi (or a representative entity) 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
B: under legislation or at common law (including aboriginal title or customary law); or
C: from fiduciary duty; or
D: otherwise; and
ii: arises from, or relates to, acts or omissions before 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by or under legislation; and
b: includes all claims to the Waitangi Tribunal to which paragraph (a) applies and that relate exclusively to Ngaa Rauru Kiitahi (or a representative entity), including—
i: Wai 137 (the Ngaa Rauru Kiitahi land claim); and
ii: Wai 505 (Wanganui and Waitotara Blocks claim); and
iii: Wai 772 (Mandating Process and Ngaa Ariki Land and Fisheries claim); and
c: includes every other claim to the Waitangi Tribunal to which paragraph (a) applies as far as it relates to Ngaa Rauru Kiitahi (or a representative entity), including—
i: Wai 54 (Ngaa Iwi o Taranaki claim); and
ii: Wai 99 (Te Pakakohi Lands and Fisheries claim); and
iii: Wai 126 (Motunui Plant and Petrocorp claim); and
iv: Wai 131 (Taranaki Maori Trust Board claim); and
v: Wai 139 (Taranaki Land Confiscations claim); and
vi: Wai 143 (Taranaki claims); and
vii: Wai 552 (Ahitahi/Araukuku Hapuu claim); but
d: does not include the following claims:
i: a claim that Ngaa Uki o Ngaa Rauru Kiitahi, or a whaanau, hapuu, or group of individuals referred to in section 13(1)﻿(c)
ii: a claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in subparagraph (i).
2: Subsection (1)﻿(a) is not limited by subsection (1)﻿(b) or subsection (1)﻿(c).
3: Settlement of historical claims and miscellaneous matters
1: Settlement of historical claims
Jurisdictions of courts, etc, removed
15: Settlement of Ngaa Rauru Kiitahi historical claims final
1: The settlement of Ngaa Rauru Kiitahi historical claims effected under the deed of settlement and this Act is final, and on and from the settlement date the Crown is released and discharged from all obligations and liabilities in respect of those claims.
2: Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
3: Despite any other enactment or rule of law, on and from 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: any or all of the Ngaa Rauru Kiitahi historical claims; or
b: the deed of settlement; or
c: the redress provided to the governance entity under the deed of settlement or under this Act; or
d: this Act.
4: Subsection (3) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act. Treaty of Waitangi Act 1975 amended Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
16: Jurisdiction of Tribunal to consider claims
Section 16 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Protections no longer apply
17: Certain enactments do not apply
1: Nothing in the enactments listed in subsection (2) applies—
a: to land in the RFR area; or
b: in respect of Ngaa Rauru Kiitahi or a representative entity, to land outside the RFR area.
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 Section 17(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Removal of resumptive memorials
1: The chief executive must, as soon as is reasonably practicable after the settlement date, 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: solely within the RFR area; and
b: contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 17(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar-General must, as soon as 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 each memorial that, under an enactment referred to in section 17(2)
2: Settlement of historical claims
Limit on duration of trusts does not apply Heading replaced 30 January 2021 section 161 Trusts Act 2019
19: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act, including section 16
a: prescribes or restricts the period during which the governance entity may—
i: exist in law; or
ii: hold or deal with property (including income derived from property); or
b: applies to a document entered into to give effect to the deed of settlement (including the deeds that grant a right of first refusal referred to in clauses 6.3.3(m) and 6.3.5 of the deed of settlement) if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if the governance entity is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 19 replaced 30 January 2021 section 161 Trusts Act 2019 Date on which actions or matters must occur
20: Timing of actions or matters
1: Subject to subsection (2), actions or matters occurring under this Act occur or take effect on the settlement date.
2: If a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on that other date.
4: Cultural redress
1: Protocols
General provisions
21: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the governance entity in the form set out in Part 2 of Schedule 1 of the deed of settlement; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1) at the initiative of either—
a: the governance entity; or
b: the Minister who issued the protocol.
3: The Minister who issued the protocol may amend or cancel that protocol only after consulting with, and having particular regard to the views of, the governance entity.
22: Protocols subject to the Crown’s obligations
Protocols do not restrict—
a: the ability of the Crown to perform its functions and duties and exercise its powers in accordance with the law and government policy, which includes (without limitation) the ability to—
i: introduce legislation and change government policy; and
ii: interact or consult with a person the Crown considers appropriate, including, without limitation, any iwi, hapuu, marae, whaanau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister and a responsible Ministry; or
c: the legal rights of Ngaa Rauru Kiitahi or a representative entity.
23: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails without good cause to comply with its obligations under a protocol, the governance entity may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs in relation to proceedings referred to in subsection (2).
24: Limitation of rights
1: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—
a: the Conservation Act 1987
b: the statutes 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 held, managed, or administered under fisheries legislation or under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Maori Fisheries Act 2004
3: The MED protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown owned minerals.
4: The protected New Zealand objects protocol protected New Zealand objects or ngā taonga tūturu
5: In this section, protected New Zealand object taonga tūturu section 2 Protected Objects Section 24(4) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 24(5) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Noting of certain protocols
25: Noting of DOC protocol
1: The existence of the DOC protocol must be noted in the conservation documents that affect the DOC protocol area.
2: The noting of the DOC protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the DOC protocol.
3: The noting of the DOC protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
26: Noting of fisheries protocol
1: The existence of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the fisheries protocol.
3: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
4: In this section, fisheries plan section 11A
27: Noting of MED protocol
1: The existence of the MED protocol must be noted in minerals programmes affecting the MED protocol area.
2: The noting of the MED protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the MED protocol.
3: The noting of the MED protocol is for the purpose of public notice only.
4: In this section, minerals programme section 2(1)
2: Cultural redress properties
Vesting of cultural redress properties
28: Interpretation
In this subpart,— approved transferee Bed of Lake Moumahaki Schedule 1 Nukumaru site Schedule 1 Puau site Schedule 1 Rehu Village site Schedule 1 Waiinu Beach site Schedule 1
29: Bed of Lake Moumahaki
1: The fee simple estate in the Bed of Lake Moumahaki vests in the governance entity.
2: Despite section 38(5) Part 4A
3: Despite subsection (1),—
a: any lawful right of access to, or use of, the Bed of Lake Moumahaki remains unaffected; and
b: members of the public may carry out recreational activities on Lake Moumahaki; and
c: the governance entity must not interfere with a member of the public carrying out a recreational activity on Lake Moumahaki.
4: A recreational activity
a: includes swimming, boating, water skiing, fishing, and duck shooting; and
b: must not be an activity that has been made unlawful by or under any legislation; and
c: that is subject to the member of the public having a licence or permit required by or under legislation to authorise that recreational activity, must be carried on, under, and in accordance with such a licence or permit; but
d: does not include any recreational activity—
i: that involves attaching a fixture to the Bed of Lake Moumahaki; or
ii: that involves a risk of a significant adverse effect to the Bed of Lake Moumahaki; and
e: does not include any activity forbidden by, and that must be carried out in accordance with, any regulations made by the Governor-General by Order in Council.
5: The vesting of the Bed of Lake Moumahaki under subsection (1) does not give any rights to, or impose any obligations on, the governance entity in relation to—
a: the waters of Lake Moumahaki; or
b: the aquatic life of Lake Moumahaki (other than plants attached to the Bed of Lake Moumahaki).
6: The boundary of the Bed of Lake Moumahaki will be a moveable natural boundary as defined by the mean high water level of the lake.
7: If any future changes in the position of the mean high water level are sudden or caused by unnatural means, those changes will not alter the position of the boundary of the Bed of Lake Moumahaki.
8: If the position of the mean high water level changes gradually and imperceptibly over a period of time, the normal rules of accretion and erosion apply.
30: Nukumaru site
1: The road shown as Sec 1
2: Any part or parts of the stopped road referred to in subsection (1) above the mark of mean high water springs of the sea—
a: are vested in the Crown as a recreation reserve subject to section 17
b: form part of the Nukumaru site.
3: To avoid doubt, section 345(3)
4: The reservation under the Reserves Act 1977
5: On revocation of the reserve status of the Nukumaru site, the site vests in the Crown as Crown land and is subject to section 82
6: The fee simple estate in the Nukumaru site vests in the governance entity.
7: Despite section 38(5) section 24
8: Each grazing lease noted as an encumbrance in relation to the Nukumaru site in Schedule 1 Nukumaru encumbrances
9: On the creation of the computer freehold register for the Nukumaru site, the Registrar-General of Land must note that the register is subject to subsection (8).
10: The Registrar-General must remove the note made under subsection (9) from the computer freehold register on receipt of a written request from the registered proprietor of the Nukumaru site, subject to subsection (11).
11: Any request made under subsection (10) before 1 April 2015, must include evidence demonstrating that every Nukumaru encumbrance has been terminated.
31: Nukumaru easement
1: The Crown must sign and provide to the governance entity, by or on the settlement date, an easement on the terms and conditions set out in Part 1 of Schedule 2 of the deed of settlement ensuring that the governance entity has access to the Nukumaru site over the Nukumaru Recreation Reserve (the Nukumaru easement
2: Nothing in Part 3B
3: Despite the provisions of the Land Transfer Act 1952
4: Upon creation of the computer interest register for the Nukumaru easement, the easement must be treated for all purposes, including subsequent dealings, as if it had been created under the Land Transfer Act 1952
5: The Nukumaru easement is enforceable in accordance with its terms.
32: Puau site
1: The Puau site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Puau site vests in the governance entity.
33: Rehu Village site may be vested in approved transferee
1: This section applies if, within 12 months after the settlement date,—
a: the governance entity and Te Runanga o Ngati Ruanui Trust approve the appointment of the approved transferee to receive the Rehu Village site under this Act; and
b: the governance entity, Te Runanga o Ngati Ruanui Trust, and the approved transferee accept the provisions relating to the vesting of the Rehu Village site in the approved transferee as provided by the deed of settlement; and
c: the governance entity, Te Runanga o Ngati Ruanui Trust, and the approved transferee give the Minister in Charge of Treaty of Waitangi Negotiations written notification that—
i: the approved transferee has been appointed in accordance with paragraph (a); and
ii: the provisions of the deed of settlement have been accepted in accordance with paragraph (b); and
d: the approved transferee signs and provides to the Minister in Charge of Treaty of Waitangi Negotiations an easement in favour of Trustpower Limited over the Rehu Village site.
2: The easement referred to in subsection (1)﻿(d) must be substantially on the same terms and conditions as set out in Part 1 of Schedule 2 of the deed of settlement.
3: If this section applies,—
a: the Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after the conditions in subsection (1) have been satisfied, advise by notice in the Gazette
b: the following take effect from the date of notification in the Gazette
i: the Rehu Village site ceases to be a conservation area under the Conservation Act 1987
ii: the fee simple estate in the Rehu Village site vests in the approved transferee.
34: Waiinu Beach site
1: The Waiinu Beach site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waiinu Beach site vests in the governance entity. Provisions relating to vesting of cultural redress properties
35: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to the encumbrances (if any) listed in column 3 of Schedule 1
36: Registration of ownership: general
1: This section applies to the fee simple estate in a cultural redress property that vests in the governance entity under this Act.
2: The Registrar-General must, on written application by an appropriate person, comply with subsections (3) and (4).
3: To the extent that the property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—
a: register the trustees of the governance entity as the proprietors of the fee simple estate in the land; and
b: make those entries in the register and generally do all things necessary to give effect to this subpart and Part 10 of the deed of settlement.
4: To the extent that the property does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the names of the trustees of the governance entity, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
5: Subsection (4) applies subject to completing any survey necessary to create a computer freehold register.
6: A computer freehold register must be created under this section as soon as reasonably practicable after the settlement date but no later than—
a: 24 months after the cultural redress property vests in the governance entity; or
b: any later date that may be agreed in writing by the governance entity and the Crown.
7: In this section, appropriate person
a: the chief executive, for the site described in section 29
b: the Director-General, for the sites described in sections 30 to 34
37: Registration of ownership: Rehu Village site
1: This section applies to the fee simple estate in the Rehu Village site that vests in the approved transferee under section 33
2: The Registrar-General must, on written application by the Director-General, comply with subsection (3).
3: To the extent that the site does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the site, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the name of the approved transferee, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
4: Subsection (3) applies subject to completing any survey necessary to create a computer freehold register.
5: A computer freehold register must be created under this section as soon as reasonably practicable after the settlement date but no later than—
a: 24 months after the Rehu Village site vests in the approved transferee; or
b: any later date that may be agreed in writing by the approved transferee and the Crown.
38: Application of other enactments: general
1: Sections 24 25
2: Section 11 Part 10
a: the vesting in the governance entity of the fee simple estate in a cultural redress property under this subpart; or
b: a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in a cultural redress property under this subpart.
3: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 section 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: The vesting in the governance entity of a fee simple estate in a cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
39: Application of other enactments: Rehu Village site
1: Section 11 Part 10
a: the vesting in the approved transferee of the fee simple estate in the Rehu Village site under this subpart; or
b: a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in the Rehu Village site under this subpart.
2: The vesting of the fee simple estate in the Rehu Village site under this subpart does not—
a: limit section 10 section 11
b: affect other rights to subsurface minerals.
3: The vesting in the approved transferee of a fee simple estate in the Rehu Village site under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: Statutory acknowledgements and deeds of recognition
Statutory acknowledgements
40: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Ngaa Rauru Kiitahi of the particular cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the statutory areas listed in Part 1 Schedules 4 to 11
41: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 42 to 44
b: to require relevant consent authorities to forward summaries of resource consent applications to the governance entity, as provided for in section 46
c: to enable the governance entity and a member of Ngaa Rauru Kiitahi to cite the statutory acknowledgements as evidence of the association of Ngaa Rauru Kiitahi with the relevant statutory areas, as provided for in section 47
2: This section does not limit the operation of sections 53 to 56 Section 41(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
42: Consent authorities to have regard to statutory acknowledgements
1: From the effective date, a consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C
2: Subsection (1) does not limit the obligations of a consent authority under the Resource Management Act 1991
43: Environment Court to have regard to statutory acknowledgements
1: From the effective date, the Environment Court must have regard to a statutory acknowledgement relating to a statutory area in determining under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991
44: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1) Section 44 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
45: Recording statutory acknowledgements on statutory plans
1: From the effective date, relevant consent authorities must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
2: The attachment of information under subsection (1) to a statutory plan—
a: must include the relevant provisions of this subpart in full, the description of the statutory area, and the statement of association (as recorded in the statutory acknowledgement); and
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan (unless adopted by the relevant consent authority); or
ii: subject to the provisions of Schedule 1
3: In this section, 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
46: Distribution of resource consent applications to governance entity
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the governance entity a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.
2: The information provided under subsection (1) must be—
a: the same as would be given under section 93
b: provided as soon as reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C
3: The governance entity may, by notice in writing to a relevant consent authority,—
a: waive its rights to be notified under this section; and
b: state the scope of that waiver and the period it applies for.
4: For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.
5: This section does not affect the obligation of a consent authority to—
a: notify an application in accordance with sections 93 94C
b: form an opinion as to whether the governance entity is a person that is likely to be adversely affected under those sections.
47: Use of statutory acknowledgement
1: The governance entity and a member of Ngaa Rauru Kiitahi may, as evidence of the association of Ngaa Rauru Kiitahi with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: consent authorities:
b: the Environment Court:
c: Heritage New Zealand Pouhere Taonga:
d: parties to proceedings before those bodies:
e: any other person able to participate in those proceedings.
3: Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Neither the governance entity nor a member of Ngaa Rauru Kiitahi is precluded from stating that Ngaa Rauru Kiitahi have an association with a statutory area that is not described in the statutory acknowledgement.
5: The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4). Section 47(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 47(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Deeds of recognition
48: Authorisation to enter into and amend deeds of recognition
A Minister of the Crown with statutory responsibility for land within a statutory area, or the Commissioner of Crown Lands, may—
a: enter into deeds of recognition with the governance entity—
i: in respect of the land within the statutory areas referred to in Part 3 of Schedule 2 of the deed of settlement; and
ii: in the form set out for each statutory area (or part of an area) in Part 5 of Schedule 2 of the deed of settlement:
b: amend a deed of recognition by entering into a deed with the governance entity to amend that deed of recognition.
49: Purpose of deed of recognition
1: The only purpose of a deed of recognition is to require that the governance entity be consulted, and regard be had to its views, as provided for in the deed of settlement and in each deed of recognition.
2: Subsection (1) does not limit or affect sections 53 to 56
50: Termination of deed of recognition
A deed of recognition terminates in respect of a statutory area or part of it if—
a: the governance entity and the Minister of the Crown with statutory responsibility for the land or the Commissioner of Crown Lands agree in writing that a deed of recognition is no longer appropriate for the area concerned; or
b: the area concerned is disposed of by the Crown; or
c: there is a change in the Minister or the department of State responsible for the management of the area concerned. Application of statutory acknowledgements and deeds of recognition in relation to rivers
51: Statutory acknowledgements in relation to rivers
If a statutory acknowledgement relates to a river, the river—
a: includes—
i: a continuously or intermittently flowing body of fresh water, including a stream or a modified watercourse; and
ii: the bed of the river; but
b: does not include—
i: an artificial watercourse; or
ii: a part of the bed of the river that is not owned by the Crown; or
iii: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
iv: a tributary that flows into the river.
52: Deeds of recognition for rivers
1: If a deed of recognition relates to a river, that deed of recognition relates only to the bed of the river, which does not include—
a: a part of the bed that is not owned and managed by the Crown; or
b: land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
c: the bed of an artificial watercourse; or
d: the bed of a tributary flowing into the river.
2: In determining whether the Crown manages a river for the purposes of this section, management exercised by a local authority under the Resource Management Act 1991 General provisions
53: Crown not precluded from granting other statutory acknowledgement or deed of recognition
Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngaa Rauru Kiitahi or the governance entity with respect to the same area.
54: Exercise of powers, duties, and functions not affected
1: Except as expressly provided in this subpart,—
a: neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Ngaa Rauru Kiitahi with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.
2: Subsection (1)﻿(b) does not affect the operation of subsection (1)﻿(a).
55: Rights not affected
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the deed of settlement.
56: Limitation of rights
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. Amendment to Resource Management Act 1991
57: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
4: Uukaipoo entitlements
Grant of Uukaipoo entitlements
58: Interpretation
In this subpart, unless the context otherwise requires,— entitlement land land holding agent Uukaipoo entitlement
a: under this subpart; and
b: over the sites described in Schedule 2 section 76 section 77
c: in the form provided for under section 59(3) Uukaipoo site
a: described in Schedule 2
b: granted as a replacement site under section 76 section 77
59: Grant and renewal of Uukaipoo entitlements
1: The Crown must, in accordance with this subpart, grant to the governance entity an Uukaipoo entitlement over each Uukaipoo site.
2: The grant of an Uukaipoo entitlement must be for an initial term of 10 years beginning on the settlement date.
3: The grant referred to in subsection (1) must be made in the form set out in Part 2 of Schedule 2 of the deed of settlement, or as varied in accordance with section 61
4: If there is inconsistency between the provisions of the form used for the Uukaipoo entitlement under subsection (3) and the provisions of this subpart, the provisions of this subpart prevail.
5: An Uukaipoo entitlement must, at the option of the governance entity, be renewed for further terms of 10 years unless the Uukaipoo entitlement is terminated under section 76 section 77
60: Notification of Uukaipoo entitlement
1: The land holding agent must notify the grant or renewal of an Uukaipoo entitlement in the Gazette
2: The chief executive must note in his or her records—
a: the grant or renewal of an Uukaipoo entitlement; and
b: the notice in the Gazette
61: Terms and conditions of Uukaipoo entitlement may be varied
1: The form of an Uukaipoo entitlement granted under section 59
a: the addition by the land holding agent, at the time of the grant of an Uukaipoo entitlement, of terms reasonably required by the Crown to protect and preserve—
i: the Uukaipoo site:
ii: the surrounding land:
iii: associated flora and fauna; or
b: agreement between the land holding agent and the governance entity.
2: Any variations under subsection (1) must be in writing and must not be inconsistent with this subpart. Purpose of Uukaipoo entitlements
62: Purpose of Uukaipoo entitlements
An Uukaipoo entitlement is granted to the governance entity for the purpose of permitting members of Ngaa Rauru Kiitahi to occupy the Uukaipoo site, temporarily, exclusively, and on a non-commercial basis,—
a: so as to have access to a waterway for lawful fishing; and
b: for the lawful gathering of other natural resources in the vicinity of the Uukaipoo site. Rights under Uukaipoo entitlements
63: Occupation of Uukaipoo sites by members of Ngaa Rauru Kiitahi
1: The governance entity has the right to permit members of Ngaa Rauru Kiitahi to occupy an Uukaipoo site—
a: for the purpose of the Uukaipoo entitlement, as set out in section 62
b: to the exclusion of other persons during the period or periods that it exercises the right to occupy the site.
2: Subsection (1) applies subject to sections 64 to 69
64: Period of occupation of Uukaipoo sites
1: The governance entity may permit members of Ngaa Rauru Kiitahi to occupy the Uukaipoo sites, to the exclusion of other persons, for any period or periods in a calendar year that do not exceed 210 days in total.
2: The governance entity must not permit members of Ngaa Rauru Kiitahi to occupy the Uukaipoo sites in a calendar year during the period beginning on 1 May and ending at the close of 15 August.
65: Right to erect temporary dwellings
1: The governance entity may permit members of Ngaa Rauru Kiitahi, while occupying an Uukaipoo site under an Uukaipoo entitlement, to erect camping shelters or similar temporary dwellings on the site.
2: The governance entity must ensure the removal of any camping shelters or temporary dwellings erected on an Uukaipoo site whenever the right to occupy that Uukaipoo site is not being exercised.
66: Condition of land when occupation ceases
1: The governance entity must, whenever members of Ngaa Rauru Kiitahi permitted to occupy an Uukaipoo site under section 63
2: Subsection (1) does not apply to temporary effects normally associated with occupation of an Uukaipoo site under an Uukaipoo entitlement.
67: Activities on Uukaipoo sites
1: This section applies subject to section 65
2: The governance entity may, with the written consent of the land holding agent, permit members of Ngaa Rauru Kiitahi to undertake other activities on Uukaipoo sites that are reasonably necessary for the Uukaipoo entitlement to be used for the purpose set out in section 62
3: When applying for the land holding agent’s consent, the governance entity must provide to the land holding agent full details of the proposed activities, including (but not limited to)—
a: the effect of the proposed activities—
i: on the Uukaipoo sites; and
ii: if the Uukaipoo site is held under the Conservation Act 1987 Schedule 1
b: any measures that the governance entity proposes to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate adverse effects.
4: In considering whether to give consent in relation to land held under the Conservation Act 1987 Schedule 1
5: The giving of consent is at the complete discretion of the land holding agent.
6: The land holding agent may give consent subject to any conditions that he or she thinks fit to impose.
7: Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 Schedule 1
8: If the Crown has complied with its obligations under an Uukaipoo entitlement, the Crown is not liable to compensate the governance entity (whether on termination of an Uukaipoo entitlement or at another time) for activities undertaken by the governance entity on the Uukaipoo site. Obligations relating to Uukaipoo entitlements
68: Uukaipoo entitlements must not impede public access
The grant and exercise of an Uukaipoo entitlement must not impede access by members of the public along a waterway.
69: Crown functions to continue
The grant and exercise of an Uukaipoo entitlement does not prevent agents of the Crown or persons exercising statutory powers from undertaking their functions in relation to the land over which an Uukaipoo entitlement is granted.
70: Uukaipoo entitlement does not restrict the Crown’s right to dispose of land
The grant and exercise of an Uukaipoo entitlement does not restrict the Crown’s right to dispose of an Uukaipoo site, land adjacent to an Uukaipoo site, or land adjacent to a waterway.
71: Governance entity may enforce rights against other persons
While members of Ngaa Rauru Kiitahi are occupying an Uukaipoo site under an Uukaipoo entitlement, the governance entity may enforce its rights under the Uukaipoo entitlement against persons who are not parties to the deed of settlement as if the governance entity were the owner of the Uukaipoo site.
72: Crown’s obligation to provide lawful access
1: If an event described in subsection (2) occurs during the term of an Uukaipoo entitlement, the Crown must ensure that the governance entity continues, for the rest of the term, to have the same type of access to the Uukaipoo site as it had before the event occurred.
2: The events are—
a: the Crown disposing of land adjacent to an Uukaipoo site:
b: a change in the classification or status of land adjacent to an Uukaipoo site.
3: The Crown’s obligation in subsection (1) is subject to compliance with all applicable provisions in or under any other enactment.
73: Compliance with laws, bylaws, and land and water management practices
1: The governance entity, members of Ngaa Rauru Kiitahi permitted to occupy an Uukaipoo site under section 63
2: The land holding agent, in carrying out land and water management practices that relate to an Uukaipoo site, must have regard to the existence of an Uukaipoo entitlement and must—
a: notify the governance entity of an activity that may affect the use of the site; and
b: avoid unreasonable disruption to the use of the site.
3: The governance entity is subject to any requirement to apply for resource consents for activities on the Uukaipoo sites.
4: Subsection (3) does not limit subsection (1).
5: In this section, activities section 67
74: Rights of governance entity under Uukaipoo entitlement not assignable
The rights of the governance entity under an Uukaipoo entitlement are not assignable. Suspension and termination of Uukaipoo entitlement
75: Suspension of Uukaipoo entitlement
1: The land holding agent may suspend an Uukaipoo entitlement in accordance with this section.
2: The land holding agent must not suspend an Uukaipoo entitlement unless he or she first—
a: consults the governance entity; and
b: has particular regard to the views of the governance entity.
3: The land holding agent must not suspend an Uukaipoo entitlement unless he or she considers the suspension necessary for the management of the land, having regard to the purposes for which the land is held by the land holding agent.
4: If an Uukaipoo entitlement is suspended, the governance entity may, after the end of the suspension, permit members of Ngaa Rauru Kiitahi to occupy the Uukaipoo site for a period equal to the period of the suspension.
5: The occupation of an Uukaipoo site under subsection (4) is not subject to the restriction under section 64(2)
76: Termination of Uukaipoo entitlement
1: The governance entity and the Crown may terminate an Uukaipoo entitlement by written agreement.
2: The Crown may terminate an Uukaipoo entitlement by giving written notice to the governance entity on 1 or more of the following grounds:
a: that the Crown has disposed of the Uukaipoo site:
b: that the Uukaipoo site has been destroyed or permanently and detrimentally affected:
c: that the Uukaipoo site is on reserve land that may be required for the specific purpose for which it is held as a reserve:
d: that the Uukaipoo site is an unformed legal road that is to be formed:
e: that subject to section 72(1)
3: On the termination of an Uukaipoo entitlement under this section, the Crown must take all reasonable steps to grant a replacement Uukaipoo entitlement to the governance entity.
4: Subsection (3) does not apply in relation to an Uukaipoo entitlement if the fee simple estate in the Uukaipoo site is vested in the governance entity.
5: The grant of a replacement Uukaipoo entitlement under subsection (3) must be over land that complies with clause 11.3 of the deed of settlement.
77: Termination of Uukaipoo entitlement for breach of obligations
1: This section applies if the governance entity defaults in performing any of its obligations under an Uukaipoo entitlement.
2: If the default is capable of remedy, the Crown may give notice to the governance entity in writing, specifying the default and the remedy for the default required by the Crown.
3: The remedy required by the Crown must be reasonable in the circumstances.
4: If, at the end of 41 business days after notice is given by the Crown under subsection (2), the governance entity has not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Uukaipoo entitlement by notice in writing to the governance entity.
5: If the default is not capable of remedy, the Crown may immediately terminate the Uukaipoo entitlement by notice in writing to the governance entity.
6: The governance entity may, not earlier than 2 years after the termination of an Uukaipoo entitlement under this section, apply to the Minister of Maori Affairs for the grant of a replacement Uukaipoo entitlement that complies with clause 11.3 of the deed of settlement.
7: On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Uukaipoo entitlement over land that complies with clause 11.3 of the deed of settlement.
78: Notification of termination of Uukaipoo entitlement
1: If an Uukaipoo entitlement is terminated under section 76 section 77 Gazette
2: The chief executive must note in his or her records the termination of the Uukaipoo entitlement and its notification in the Gazette Rights not affected or created
79: Rights of other parties not affected
Except as expressly provided in this subpart, the grant and exercise of an Uukaipoo entitlement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
80: No creation of rights in entitlement land
Except as expressly provided in this subpart, the grant and exercise of an Uukaipoo entitlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an Uukaipoo site. Application of other enactments
81: Part 3B of Conservation Act 1987 not to apply
Part 3B
82: Local Government (Rating) Act 2002
1: To avoid doubt, section 8(1) and (3)
2: The governance entity must reimburse the person paying the rates for an Uukaipoo site for rates payable under section 9
83: Section 44 of Reserves Act 1977 not to apply
Section 44
84: Section 11 and Part 10 of Resource Management Act 1991 do not apply
The grant of an Uukaipoo entitlement is not a subdivision for the purposes of section 11 Part 10
5: Toopuni
85: Interpretation
In this subpart,— Ngaa Rauru Kiitahi values Schedule 12 Toopuni section 86
86: Declaration of Toopuni
The site described in Schedule 12
87: Purposes of Toopuni
1: The only purposes of the Crown declaring the site to be a Toopuni and acknowledging Ngaa Rauru Kiitahi values in relation to the area are to—
a: enable agreement on protection principles under section 89
b: give effect to the requirement that the New Zealand Conservation Authority and relevant conservation boards must have particular regard to Ngaa Rauru Kiitahi values and views and those protection principles, as provided in sections 90 91
c: enable the taking of action under sections 93 to 96
2: This section does not limit sections 100 to 102
88: Crown’s acknowledgement of Ngaa Rauru Kiitahi values
The Crown acknowledges Ngaa Rauru Kiitahi values in relation to the Toopuni.
89: Agreement on protection principles
The governance entity and the Crown may agree on and publicise protection principles that are directed at the Minister of Conservation—
a: avoiding harm to Ngaa Rauru Kiitahi values in relation to the Toopuni; or
b: avoiding the diminishing of Ngaa Rauru Kiitahi values in relation to the Toopuni.
90: New Zealand Conservation Authority and Conservation Boards to have particular regard to Ngaa Rauru Kiitahi values
When the New Zealand Conservation Authority or any Conservation Board considers any general policy or conservation document, in relation to the Toopuni, it must have particular regard to—
a: Ngaa Rauru Kiitahi values in relation to the Toopuni; and
b: any protection principles agreed between the governance entity and the Crown under section 89
91: New Zealand Conservation Authority and relevant Conservation Boards to consult with governance entity
Before approving any general policy or conservation document, the New Zealand Conservation Authority or relevant Conservation Board must consult with the governance entity and have particular regard to its views as to the effect of the policy or document on Ngaa Rauru Kiitahi values in relation to the Toopuni.
92: Notification of Toopuni
1: The declaration of the site as a Toopuni must be noted in all conservation documents affecting the Toopuni.
2: The initial notification of a Toopuni under subsection (1)—
a: is for the purpose of public notice only; and
b: is not an amendment to a conservation document for the purposes of section 17I section 46
93: Actions by Director-General
1: On notification by the Minister of Conservation in the Gazette section 89
2: The Director-General retains a complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the governance entity of what action the Director-General intends, to take under subsections (1) and (2).
4: If requested in writing by the governance entity, the Director-General must not take action in respect of the protection principles agreed under section 89
94: Amendments to strategies and plans
1: The Director-General may initiate an amendment of any relevant conservation document to incorporate objectives relating to the protection principles agreed under section 89
2: The Director-General must consult with affected Conservation Boards before initiating an amendment under subsection (1).
3: An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
4: This section does not limit section 93(2)
95: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for the following purposes:
a: providing for the implementation of objectives included in a conservation document under section 94(1)
b: regulating or prohibiting activities or conduct by members of the public in relation to the Toopuni:
c: specifying offences in respect of the contravention of any regulations made under paragraph (b), and providing for the imposition of fines—
i: not exceeding $5,000 for those offences; and
ii: for a continuing offence, an amount not exceeding $50 for every day during which the offence continues.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 95(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
96: Bylaws
1: The Minister of Conservation may make bylaws for the following purposes:
a: providing for the implementation of objectives included in conservation documents under section 94(1)
b: regulating or prohibiting activities or conduct by members of the public in relation to the Toopuni:
c: specifying offences in respect of the contravention of any bylaws made under paragraph (b), and providing for the imposition of fines—
i: not exceeding $1,000 for those offences; and
ii: for a continuing offence, an amount not exceeding $50 for every day during which the offence continues.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker is not required to publish it. However, the Director-General must comply with section 97(3) LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
97: Notification of actions in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration of each Toopuni; and
b: any principles agreed under section 89
2: The Director-General may, at his or her discretion, notify in the Gazette sections 93 to 95
3: The Director-General must notify in the Gazette section 96
98: Existing classification of Toopuni
The purpose or classification of an area as a national park, conservation area, or reserve is not affected by the fact that the area is, or is within, the Toopuni.
99: Termination of status
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the Toopuni is no longer a Toopuni.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the governance entity and the Minister of Conservation have agreed in writing that the status of all or part of the Toopuni is no longer appropriate for the area concerned; or
b: all or part of the Toopuni is disposed of by the Crown; or
c: there is a change in the Minister of the Crown or the department of State responsible for the management of all or part of the Toopuni.
3: Subsection (4) applies if—
a: subsection (2)﻿(b) or (c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the Toopuni.
4: If this subsection applies, the Crown must take reasonable steps to ensure that the governance entity continues to have input into the management of that part of the Toopuni affected by the alienation, or change in management responsibility, through negotiation with the governance entity by—
a: the Minister of the Crown responsible for the new management or the management regimes; or
b: the Commissioner of Crown Lands; or
c: any other responsible official.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 99(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
100: Exercise of powers, duties, and functions
1: Nothing in section 86 section 88
2: No person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngaa Rauru Kiitahi values than that person or entity would give under the relevant statute, regulation, or bylaw if the area were not a Toopuni and Ngaa Rauru Kiitahi values had not been acknowledged in this Act in relation to the area.
3: Subsection (2) does not limit the operation of subsection (1).
101: Rights not affected
1: Nothing in section 86 section 88
2: This section applies subject to the other express provisions of this subpart.
102: Limitation of rights
1: Nothing in section 86 section 88
2: This section applies subject to the other express provisions of this subpart.
6: Shellfish quota
103: Interpretation
In this subpart, unless the context otherwise requires,— excess shellfish quota
a: exceeds the quota permitted by section 59
b: is—
i: purchased by the governance entity under the deed granting a right of first refusal over shellfish quota that is to be entered into by the Minister and the governance entity under clause 12.6 of the deed of settlement; and
ii: received by the governance entity from the Treaty of Waitangi Fisheries Commission Minister section 2(1) shellfish quota
104: Consent to holding excess quota
1: The Minister is to be treated as having consented under section 60(1)
2: The Minister must be treated as complying with the requirements of section 60
7: Coastal tendering
105: Interpretation
In this subpart, unless the context otherwise requires,— authorisation section 161 coastal marine area section 2(1) Minister specified coastal area
106: Preferential right to purchase authorisations
1: If the Minister offers authorisations for a part of the specified coastal area by public tender under Part 7
2: The preferential right referred to in subsection (1) must be provided and exercised in accordance with the process set out in Part 8 of Schedule 2 of the deed of settlement.
107: Limit on proportion of authorisations able to be purchased
1: The authorisations that the governance entity has a preferential right to purchase under section 106
a: not exceed in area 10% of the authorisations granted or proposed to be granted by the Minister in the tender for the specified coastal area; and
b: be of not less than fair average quality in terms of the relevant portion of the specified coastal area, relative to the quality of those portions for all other authorisations that are the subject of the tender.
2: The limit specified in subsection (1)﻿(a) may be exceeded if the size and shape of the part of the specified coastal area for the authorisations to which that tender round relates make it impractical to comply with the limitation.
108: Governance entity treated as having made tender
1: If the governance entity has a preferential right under section 106 section 158
2: The tender of the governance entity under subsection (1) must be treated as the most preferred tender by the Minister for the relevant authorisations if, in response to an offer made by public tender under Part 7
a: receives no tenders; or
b: considers that he or she would reject every tender received.
109: Exercise of powers, functions, and duties
Except as provided, nothing in this subpart affects the powers, functions, and duties of the Minister under Part 7
110: Rights not affected
Except as expressly provided in this subpart, the provisions of this subpart do not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
111: Limitation of rights
Except as expressly provided in this subpart,—
a: the preferential right provided to the governance entity under this subpart does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the specified coastal area:
b: nothing in this subpart limits or affects the rights of Ngaa Rauru Kiitahi to acquire authorisations or otherwise exercise a statutory right, power, or privilege in respect of the specified coastal area. Amendment to Resource Management Act 1991
112: Amendment to section 165R of Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
8: Place name
113: Change of name
1: The existing place name in column 1 of Schedule 13
2: The change made under subsection (1) is taken to have been made—
a: with the approval of the New Zealand Geographic Board; and
b: in accordance with the New Zealand Geographic Board Act 1946