Te Uri o Hau Claims Settlement Act 2002

1: Title
This Act is Te Uri o Hau Claims Settlement Act 2002.
1: Acknowledgements and apology by the Crown to Te Uri o Hau and preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: record the apology given by the Crown to Te Uri o Hau in the deed of settlement executed on 13 December 2000 by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and Sir Graham Stanley Latimer, Morehu Kena, Jimmy Maramatanga Connelly, William Harry Pomare, Russell Rata Kemp, Rawson Sydney Ambrose Wright, and Tapihana Shelford, as mandated negotiators for Te Uri o Hau; and
b: to give effect to certain provisions of that deed of settlement, being a deed that settles Te Uri o Hau historical claims.
4: Act to bind the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the general scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or the deed of settlement.
2: Part 1 records, in Maori and English, the acknowledgements and apology given by the Crown to Te Uri o Hau in the deed of settlement.
3: Part 2
4: Part 3
a: the effect of the settlement on the jurisdiction of the Waitangi Tribunal to consider claims; and
b: the effect of the settlement on certain resumptive memorials; and
c: who benefits from the settlement; and
d: the exclusion of the limit on the duration of a trust
5: Part 4
a: part of Pukekaroro scenic reserve, subject to a protected private land agreement:
b: part of Pukeareinga scenic reserve, subject to a conservation covenant:
c: Whakahuranga Pa sites:
d: Oteono, within the Pouto North stewardship area:
e: Whakapirau, within the Rocky Point marginal strip:
f: part of the Okahukura stewardship area:
g: Hokarako stewardship area:
h: part of the lake bed of Lake Humuhumu:
i: land at Pouto Road end:
j: the Wahi Tapu sites in the Pouto Forest:
k: Pou Tu o Te Rangi, subject to the appointment of a joint Te Uri o Hau and Kaipara District Council administering body to administer the site as a historic reserve under the Reserves Act 1977
6: Part 5
a: an acknowledgement of Te Uri o Hau values in respect of each Kirihipi overlay area (Pouto stewardship area and Manukapua Government Purpose (Wildlife Management) Reserve); and
b: a statutory acknowledgement of the special association of Te Uri o Hau with the statutory areas (Pouto stewardship area, Oruawharo River stewardship area, Mangawhai marginal strip, and that part of Pukekaroro scenic reserve not vested in Te Uri o Hau governance entity); and
c: provision for entering into deeds of recognition for each area over which a statutory acknowledgement is given; and
d: an acknowledgement of the special association of Te Uri o Hau with the coastal areas (the Kaipara Harbour and its tributaries and the Mangawhai Harbour); and
e: provisions relating to the grant of renewable Nohoanga entitlements over the Nohoanga sites situated near Lake Mokeno, Lake Whakaneke and the Kaipara Harbour (Te Taa Hinga); and
f: a provision dispensing with the need for council permission to grant a right of way referred to in clause 5.5.1 of the deed of settlement; and
g: a provision relating to a right of first refusal over an amount of quota for certain shellfish species (toheroa, tuatua, pourimu and poapaka), and provision relating to oyster reserves; and
h: an acknowledgement of the statement by Te Uri o Hau of the cultural, spiritual, historic, and traditional association of Te Uri o Hau with certain indigenous species; and
i: provision for the issue of protocols by the Minister of Conservation, the Minister of Fisheries, the Minister of Energy, and the Minister for Arts, Culture and Heritage, which set out how the relevant Ministry will exercise its functions, powers, and duties in relation to specified matters, interact or consult with Te Uri o Hau, and provide for Te Uri o Hau input into decision-making processes; and
j: provision for changes of name.
7: Part 6
8: The schedules—
a: reproduce the texts of the Treaty of Waitangi
b: provide descriptions of the cultural redress properties; and
c: provide descriptions of each Kirihipi overlay area and Te Uri o Hau values in relation to each area; and
d: set out the statutory acknowledgements; and
e: set out the statement by Te Uri o Hau of the association of Te Uri o Hau with indigenous species; and
f: list changes to place names required by the deed of settlement. Section 5(4)﻿(d) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements and apology
Sections 7 to 10
7: Text in Maori of acknowledgements by the Crown
The text in Maori of the acknowledgements is as follows: E whakaae ana Te Karauna ki nga Tono Mai o-Mua a Te Uri o Hau ki nga takahi hoki a te Karauna ki te Tiriti o Waitangi
a: E mohio ana te Karauna i tohea e Te Uri o Hau ki te tohuhanga me te whakapakari ake i to ratou hononga tahi me te Karauna. Ko te tino take, ko nga hokonga whenua tomua mo nga take nohonga tangata i pa atu ki te whakahiatonga o Aotearoa, a, e whakatau ana hoki i te piringa o Te Uri o Hau ki te Karauna:
b: E whakaae ana te Karauna kihei i tino tutuki nga huanga i tumanakotia e Te Uri o Hau mai i tenei hononga. Kihei nga hokonga whenua tomua me nga hiatonga whenua o nga rautau rua tekau i whakaputa i nga whiwhinga me nga hua a-ohaoha kia rite ki era i tumanakohia ai e Te Uri o Hau. I pera ano hoki nga kaupapa a te Poari Whenua a-Rohe Maori o Te Tai Tokerau me te Tari Maori mo te hiatonga:
c: E whakaae ana te Karauna ko te hatepe i whakamahia hei whakatau i te paremata mo te murunga o tetahi taohoko, i whakahau ai nga rangatira o Te Uri o Hau me etahi atu ki te tuku whenua i Te Kopuru hei whiutanga mo te murunga, he haukoti ki a Te Uri o Hau. E whakaae ana te Karauna tera pea na ana mahi i huri ai Te Uri o Hau ki te tuku i nga whenua i hiahia ke ratou ki te pupuri, a, he takahi hoki tenei i te Tiriti o Waitangi
d: E whakaae ana te Karauna he nui te rarangi whenua i tukuna mai i 1840, a, kihei ia i whakarite i nga whenua rahui kia tau mo nga tangata o Te Uri o Hau. E whakaae ana ano te Karauna kihei ia i whakapumau mena kua whakaritea kia tau te aukati mai i te rironga o nga whenua rahui torutoru i whakaritea. Ko tenei hapa a te Karauna ki te whakaritea i nga whenua rahui me te tiaki whenua hei whakamahi ma Te Uri o Hau amuri ake, he takahi i te Tiriti o Waitangi
e: E whakaae ana te Karauna ko te whakahaere me te rara o nga ture whenua Maori (me era ture e here ana i te whakahaere o te Koti Whakaritetanga) i pa he whakawhiutanga ki era o Te Uri o Hau i hiahia ke ki te pupuri i o ratou whenua, a, he takahi tenei i te Tiriti o Waitangi
f: E whakaae ana te Karauna na tenei rironga o te mana whakahaere mo te whenua i whakawhiuhia ai a Te Uri o Hau, a, i whakararuhia te whakahiatotanga ohanga, papori me te ahureanga o Te Uri o Hau. I whakararu ano hoki tenei i to ratou mana ki te whakarite mana whakahaere mo a ratou taonga, nga wahi tapu me te pupuri hei whakau i to ratou hononga a-wairua ki o ratou whenua tuku iho.
8: Text in English of acknowledgments by the Crown
The text in English of the acknowledgements is as follows: The Crown acknowledges the historical claims and the breaches of Te Tiriti o Waitangi/the Treaty of Waitangi
a: The Crown recognises that Te Uri o Hau endeavoured to preserve and strengthen their relationship with the Crown. In particular, the early land transactions for settlement purposes contributed to development of New Zealand and affirmed the loyalty of Te Uri o Hau to the Crown:
b: The Crown acknowledges that the benefits that Te Uri o Hau expected to flow from this relationship were not always realised. Early land transactions and twentieth century land development, including the Tai Tokerau Maori District Land Board and the Maori Affairs development schemes initiated in the 1930s, did not provide the economic opportunities and benefits that Te Uri o Hau expected:
c: The Crown acknowledges that the process used to determine the reparation for the plunder of a store, which led Te Uri o Hau chiefs and others to cede land at Te Kopuru as punishment for the plunder, was prejudicial to Te Uri o Hau. The Crown acknowledges that its actions may have caused Te Uri o Hau to alienate lands that they wished to retain and that this was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi
d: The Crown acknowledges that a large amount of Te Uri o Hau land has been alienated since 1840 and that it failed to provide adequate reserves for the people of Te Uri o Hau. The Crown also acknowledges that it did not ensure that there was sufficient protection from alienation for the few reserves that were provided. This failure by the Crown to set aside reserves and protect lands for the future use of Te Uri o Hau was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi
e: The Crown acknowledges that the operation and impact of the Native land laws (including the laws governing the operation of the Validation Court) had a prejudicial effect on those of Te Uri o Hau who wished to retain their land and that this was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi
f: The Crown acknowledges that this loss of control over land has prejudiced Te Uri o Hau and hindered the economic, social, and cultural development of Te Uri o Hau. It has also impeded their ability to exercise control over their taonga and wahi tapu and maintain and foster spiritual connections to their ancestral lands.
9: Text in Maori of apology by the Crown
The text in Maori of the apology is as follows: E tapae ana te Karauna i tona he ki nga tupuna o Te Uri o Hau me o ratou uri mo enei takahinga i Te Tiriti o Waitangi E tino whakamomori ake ana te Karauna ki te tapae i tona he me te kaniawhea tonu ki ana mahi ki te kore e tohu kia tau nga whenua mo Te Uri o Hau, i pa ai te awenga me te tukunga iho waroa, ko te huanga mai ki te rarutanga o te mana whakahaere a Te Uri o Hau mo te nuinga o ona whenua.
10: Text in English of apology by the Crown
The text in English of the apology is as follows: The Crown apologises to the ancestors of Te Uri o Hau and to their descendants for the breaches of Te Tiriti o Waitangi/the Treaty of Waitangi The Crown unreservedly apologises and profoundly regrets that its actions, in failing to preserve sufficient lands for Te Uri o Hau, have had pervasive and enduring consequences, resulting in Te Uri o Hau losing control over the majority of their lands.
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 of terms
In this Act, unless the context otherwise requires,— 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 Northland chief executive commercial redress property Crown section 2(1) Crown forestry licence section 2(1) Crown forestry rental trust section 34 cultural redress property Schedule 2 deed of settlement
a: means the deed of settlement executed on 13 December 2000 by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and Sir Graham Stanley Latimer, Morehu Kena, Jimmy Maramatanga Connelly, William Harry Pomare, Russell Rata Kemp, Rawson Sydney Ambrose Wright, and Tapihana Shelford, as mandated negotiators for Te Uri o Hau; and
b: includes—
i: the attachments to and schedules of the deed of settlement; and
ii: any amendments from time to time to the deed of settlement or to the attachments or to the schedules descent
a: in relation to a person, means direct descent by birth or adoption; and
b: in relation to a tribal group, means direct descent by birth or adoption from the acknowledged founding ancestor or ancestors of that tribal group encumbrance
a: affects a cultural redress property, whether registered or unregistered, and is either—
i: part of the description of the cultural redress property in Schedule 2
ii: to be entered into under section 4 of the deed of settlement; or
b: affects a commercial redress property and is part of the description of the commercial redress property in attachment 7.1 or attachment 7.2 to the deed of settlement Minister redress licensed land Registrar-General settlement settlement date Te Uri o Hau area of interest Te Uri o Hau governance entity 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
13: Meaning of Te Uri o Hau
1: In this Act, Te Uri o Hau
a: arising from descent from 1 or more of the following:
i: Haumoewaarangi:
ii: the tribal groups of Te Uri o Hau, Ngai Tahuhu, Ngati Tahinga, Ngati Rangi, Ngati Mauku, Ngati Kauae, Ngati Kaiwhare, and Ngati Kura; and
b: predominantly within Te Uri o Hau area of interest from 1840.
2: For the purposes of subsection (1), exercised customary rights
a: through occupancy:
b: through use and stewardship of land or resources:
c: through burial:
d: through affiliation to marae within the area.
14: Meaning of Te Uri o Hau claimant
1: In this Act, Te Uri o Hau claimant
a: Te Uri o Hau:
b: Te Uri o Hau marae at Otamatea, Waikaretu, Oruawharo, Arapaoa:
c: Te Uri o Hau marae at Waiotea, Parirau, Ripia, Te Kowhai, Nga Tai Whakarongorua, Oturei, Te Pounga, Naumai, Rawhitiora, and Waiohou:
d: 1 or more individuals, families, or tribal groups of Te Uri o Hau who make a claim either as—
i: Te Uri o Hau, or part of Te Uri o Hau; or
ii: individual Maori without reference to descent from a particular tribal group:
e: Te Uri o Hau governance entity:
f: TUOH Company Limited:
g: a person acting on behalf of 1 or more persons or groups referred to in paragraphs (a) to (f):
h: a person acting on behalf of any 1 or more persons who comprise a part of, are beneficiaries of, or are members of any 1 or more persons or groups referred to in paragraphs (a) to (f).
2: To avoid doubt, subsection (1)﻿(d) does not include any individuals, families, or tribal groups who make a claim on the basis of descent from a tribal group other than Te Uri o Hau.
15: Meaning of Te Uri o Hau historical claims
1: In this Act, Te Uri o Hau historical claims
a: all claims (whether or not researched, registered, or notified) made at any time by a Te Uri o Hau claimant and—
i: founded on rights arising from Te Tiriti o Waitangi (the Treaty of Waitangi
ii: arising from or relating to acts or omissions before 21 September 1992—
A: by or on behalf of the Crown; or
B: by or under legislation; and
b: all the claims to the Waitangi Tribunal to which paragraphs (a)﻿(i) and (ii) apply that specifically relate to Te Uri o Hau claimants, including—
i: Wai 229 (Otamatea Lands Claim); and
ii: Wai 259 (Tawhiri Pa Claim); and
iii: Wai 271 (Pouto Peninsula Claim); and
iv: Wai 294 (Pouto Lands Claim); and
v: Wai 409 (Pouto 2E7B2 Block Claim); and
vi: Wai 448 (Tuhirangi Block Claim); and
vii: Wai 658 (Wai-riri Whanau Trust Claim); and
viii: Wai 689 (Pouto Topu A, 2F, 2E7A, and 2E6 Blocks Claim); and
ix: Wai 721 (Kaipara Lands and Resources Claim); and
c: all other claims to the Waitangi Tribunal to which paragraph (a)﻿(i) and (ii) apply, so far as they relate to Te Uri o Hau claimants, including—
i: Wai 121 (Ngati Whatua Lands and Fisheries Claim); and
ii: Wai 303 (Te Runanga o Ngati Whatua Claim); and
iii: Wai 468 (Ngapuhi Whanui Trust Claim); and
iv: Wai 688 (Nga Hapu o Whangarei Claim); and
v: Wai 719 (Kaipara Land and Resources Pirika Ngai Whanau Claim); and
vi: Wai 861 (Tai Tokerau District Maori Council Claim); and
d: all claims made at any time by a Te Uri o Hau claimant founded on—
i: rights arising from the Mangawhai Deed before, on, or after 21 September 1992; or
ii: any breach or alleged breach by the Crown of its obligations under the Mangawhai Deed that occurred before, on, or after 21 September 1992.
2: Paragraphs (b) and (c) of subsection (1) do not limit paragraph (a) of that subsection.
3: For the purposes of subsection (1)﻿(d), the Mangawhai Deed
16: Timing of steps or matters
1: A step or matter required by this Act occurs or takes effect on the settlement date.
2: If a section of this Act requires a step or matter to occur or take effect on a date other than the settlement date, that step or matter occurs or takes effect on that other date.
3: Subsection (2) overrides subsection (1).
3: Settlement of claims
17: Settlement of Te Uri o Hau historical claims final
1: The settlement of Te Uri o Hau historical claims to be effected under the deed of settlement and this Act is final, and the Crown is released and discharged from any obligations, liabilities, and duties in respect of those claims.
2: Subsection (1) does not limit the acknowledgements expressed in, or any of the provisions of, the deed of settlement.
3: Despite any other enactment or rule of law, on and from settlement date, no court, judicial body, or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—
a: any or all of Te Uri o Hau historical claims; or
b: the deed of settlement; or
c: the redress provided to Te Uri o Hau governance entity and others under this Act or under the deed of settlement; or
d: this Act.
4: Subsection (3) does not exclude the jurisdiction of a court, judicial body, or tribunal in respect of the interpretation or implementation of the deed of settlement or this Act.
18: Treaty of Waitangi Act 1975 amended
Section 18 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
19: Enactments relating to resumptive memorials on land subject to Te Uri o Hau historical claims no longer to apply
1: Nothing in the enactments listed in subsection (2) applies in relation to the land shown on SO Plan 70103 (being the same land as the land defined in clause 13.1 of the deed of settlement as 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 19(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
20: Removal of resumptive memorials
1: The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies each certificate of title or computer register that—
a: relates solely to land referred to in section 19(1)
b: contains a memorial entered under any of the enactments referred to in section 19(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar-General must, as soon as reasonably practicable after receiving a certificate issued under subsection (1), and without fee to the registered proprietor or to Te Uri o Hau governance entity,—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel each memorial that, under any of the enactments referred to in section 19(2)
4: Subsection (3) does not require the Registrar-General to note any duplicate certificate of title.
21: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: apply to any document entered into to give effect to the deed of settlement, if the application of that rule or the provisions of that Act would otherwise make the document invalid or ineffective; or
b: prescribe or restrict the period during which Te Uri o Hau governance entity—
i: may exist in law; or
ii: may deal with property. Section 21 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 21 amended 30 January 2021 section 161 Trusts Act 2019
4: Cultural redress properties
Vesting of properties
22: Pukekaroro
1: The reservation of Pukekaroro site as a scenic reserve subject to section 19
2: The fee simple estate in the Pukekaroro site vests in Te Uri o Hau governance entity, subject to the protected private land agreement referred to in clause 4.2.3 of the deed of settlement.
3: Upon vesting of the Pukekaroro site under subsection (2),—
a: the Pukekaroro site becomes protected private land under section 76
b: the protected private land agreement referred to in clause 4.2.3 of the deed of settlement is to be treated as if it were an agreement under section 76(1)
4: The Registrar-General must note a memorial on the title of the Pukekaroro site recording that it is subject to a protected private land agreement.
5: In this section, the Pukekaroro site Schedule 2
23: Pukeareinga
1: The reservation of Pukeareinga site as a scenic reserve subject to section 19
2: The fee simple estate in the Pukeareinga site vests in Te Uri o Hau governance entity, subject to the conservation covenant referred to in clause 4.3.3 of the deed of settlement.
3: Upon vesting of the Pukeareinga site under subsection (2), the conservation covenant referred to in clause 4.3.3 of the deed of settlement is to be treated as if it were a covenant agreed by the Minister of Conservation and Te Uri o Hau governance entity under section 77(1)
4: In this section, the Pukeareinga site Schedule 2
24: First Whakahuranga Pa site
1: The fee simple estate in the first Whakahuranga Pa site vests in Te Uri o Hau governance entity, subject to the easement referred to in clause 4.5.3 of the deed of settlement.
2: In this section, the first Whakahuranga Pa site Schedule 2
25: Second Whakahuranga Pa site
1: The second Whakahuranga Pa site ceases to be a stewardship area under the Conservation Act 1987
2: The fee simple estate in the second Whakahuranga Pa site vests in Te Uri o Hau governance entity, subject to the easement referred to in clause 4.5.3 of the deed of settlement.
3: In this section, the second Whakahuranga Pa site Schedule 2
26: Oteono site
1: The Oteono site ceases to be a stewardship area under the Conservation Act 1987
2: The fee simple estate in the Oteono site vests in Te Uri o Hau governance entity.
3: In this section, the Oteono site Schedule 2
27: Whakapirau site
1: The Whakapirau site ceases to be a marginal strip under section 24
2: The fee simple estate in the Whakapirau site vests in Te Uri o Hau governance entity.
3: Part 4A
4: In this section, the Whakapirau site Schedule 2
28: Okahukura (Te Ngaio Point)
1: The Okahukura site ceases to be a stewardship area under the Conservation Act 1987
2: The fee simple estate in the Okahukura site vests in Te Uri o Hau governance entity.
3: In this section, the Okahukura site Schedule 2
29: Hokarako
1: The Hokarako stewardship area ceases to be a stewardship area under the Conservation Act 1987
2: The fee simple estate in the Hokarako stewardship area vests in Te Uri o Hau governance entity.
3: In this section, the Hokarako stewardship area Schedule 2
30: Part Humuhumu lake bed
1: The fee simple estate in the part Humuhumu lake bed vests in Te Uri o Hau governance entity.
2: An effect of section 35(3) Part 4A
3: The vesting under subsection (1)—
a: does not confer rights or impose obligations on Te Uri o Hau governance entity in respect of ownership, management, or control of the waters of Lake Humuhumu or aquatic life of Lake Humuhumu; and
b: does, however, impose obligations on Te Uri o Hau governance entity as owner of the fee simple estate in the part Humuhumu lake bed; and
c: does not affect lawful rights of the public to access, enjoy, and use recreationally the bed of Lake Humuhumu; and
d: is subject to—
i: lawful commercial use affecting the bed of Lake Humuhumu; and
ii: lawful rights to own, use, and occupy structures attached to the bed of Lake Humuhumu.
4: In this section, part Humuhumu lake bed Schedule 2
31: Pouto Road end
1: The fee simple estate in the Pouto Road end vests in Te Uri o Hau governance entity.
2: The Pouto Road end Schedule 2
32: Wahi Tapu sites in Pouto Forest
1: The fee simple estate in the Wahi Tapu sites in the Pouto Forest vest in Te Uri o Hau governance entity.
2: The Wahi Tapu sites in the Pouto Forest Schedule 2
33: Pou Tu o Te Rangi
1: The appointment of Kaipara District Council as the administering body of Pou Tu o Te Rangi is revoked.
2: The reservation of Pou Tu o Te Rangi as a historic reserve subject to section 18
3: The fee simple estate in Pou Tu o Te Rangi vests in Te Uri o Hau governance entity.
4: Pou Tu o Te Rangi is declared a reserve and classified as a historic reserve under section 18
5: Despite subsection (3), the Minister of Conservation must—
a: appoint a joint administering body for Pou Tu o Te Rangi comprising 3 persons nominated by Te Uri o Hau governance entity and 3 persons nominated by the Kaipara District Council; and
b: appoint one of the 3 persons appointed by Te Uri o Hau governance entity as chairperson of the joint administering body and with a casting vote.
6: The joint administering body appointed under subsection (5) is to be named Pou Tu o Te Rangi joint management committee and is an administering body as defined in section 2(1)
7: In this section, Pou Tu o Te Rangi Schedule 2 Provision facilitating vesting
34: Vesting of cultural redress properties
If an action is required to be undertaken by the Registrar-General under this Act, it is without fee to the registered proprietor or to Te Uri o Hau governance entity. Incidental provisions
35: Application of other enactments
1: Nothing in section 11 Part 10
a: the vesting of a cultural redress property under this Act; or
b: any matter incidental to, or required for the purpose of, the vesting of a cultural redress property under this Act.
2: Neither this Act nor any vesting of the fee simple estate in a cultural redress property under this Act—
a: affects private rights to sub-surface minerals; or
b: limits sections 10 11
3: The vesting of the fee simple estate in a cultural redress property under this Act is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: Sections 24 25
5: The permission of a council under section 348
36: Successors bound
1: The terms on which a cultural redress property vests in Te Uri o Hau governance entity bind successors in title to that property.
2: The Registrar-General must record the effect of subsection (1) on creation of a computer freehold register for a cultural redress property by the Registrar-General or upon noting the vesting of a cultural redress property in Te Uri o Hau governance entity.
37: Intermediate vesting in the Crown of certain land
1: The Pukekaroro site and the Pukeareinga site vest in the Crown and become subject to section 82 sections 22(1) 23(1)
2: Pou Tu o Te Rangi vests in the Crown and becomes subject to section 82 section 33(2)
38: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property that vests in Te Uri o Hau governance entity by this Act.
2: The Registrar-General must, on written application by a person authorised by the chief executive, 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 Te Uri o Hau governance entity as the proprietor of the fee simple estate in the land; and
b: make those entries in the register and generally do all things necessary to give effect to section 4 of the deed of settlement.
4: To the extent that the property does not comprise land in a certificate of title or computer freehold register, the Registrar-General must, in accordance with the application, create 1 or more computer freehold registers in the name of Te Uri o Hau 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 Te Uri o Hau governance entity; or
b: any later date that may be agreed in writing by Te Uri o Hau governance entity and the Crown.
5: Cultural redress
1: Kirihipi overlay areas
39: Interpretation
In this subpart,— conservation board section 2 Director-General section 2 Kirihipi overlay area section 40 New Zealand Conservation Authority section 2 Te Uri o Hau values
a: in relation to the Manukapua Government Purpose (Wildlife Management) Reserve, is set out in Schedule 3
b: in relation to the Pouto stewardship area, is set out in Schedule 4
40: Declaration of Kirihipi overlay area
Each area described in Schedule 3 Schedule 4
41: Purposes of Kirihipi overlay area
1: The only purposes of the Crown declaring a Kirihipi overlay area and acknowledging Te Uri o Hau values in relation to the area are to—
a: enable agreement on specific principles under section 43
b: give effect to the requirement that the New Zealand Conservation Authority and conservation boards have particular regard to Te Uri o Hau values and views and those specific principles, as provided in sections 44 45
c: enable the taking of action under section 47 section 48
2: This section does not limit sections 54 to 56
42: Crown’s acknowledgement of Te Uri o Hau values
The Crown acknowledges Te Uri o Hau values in relation to each Kirihipi overlay area.
43: Minister of Conservation may agree on principles in relation to Kirihipi overlay areas
Te Uri o Hau governance entity and the Crown may agree on specific principles that are directed at the Minister of Conservation—
a: avoiding harm to Te Uri o Hau values in relation to each Kirihipi overlay area; or
b: avoiding the diminishing of Te Uri o Hau values in relation to each Kirihipi overlay area.
44: New Zealand Conservation Authority and conservation boards to have particular regard to Te Uri o Hau values
When the New Zealand Conservation Authority or any conservation board approves or otherwise considers any general policy, conservation management strategy, conservation management plan, or national park management plan, in relation to a Kirihipi overlay area, it must have particular regard to—
a: Te Uri o Hau values in relation to the Kirihipi overlay area; and
b: any specific principles agreed between Te Uri o Hau governance entity and the Crown under section 43
45: New Zealand Conservation Authority and relevant conservation boards to consult with Te Uri o Hau governance entity
The New Zealand Conservation Authority or relevant conservation board must consult with Te Uri o Hau governance entity and have particular regard to its views as to the effect on Te Uri o Hau values in relation to a Kirihipi overlay area of any policy, strategy, or plan referred to in section 44
46: Notification of Kirihipi overlay areas
1: The declaration of each Kirihipi overlay area must be identified and described in all conservation management plans, conservation management strategies, and national park management plans affecting that area.
2: The initial identification and description of a Kirihipi overlay area under subsection (1)—
a: is for the purpose of public notice only; and
b: is not an amendment to the conservation management strategy, conservation management plan, or national park management plan for the purposes of section 17I section 46
47: Actions by Director-General
1: On notification by the Minister of Conservation in the Gazette section 43
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 Te Uri o Hau governance entity of what action the Director-General intends to take under subsections (1) and (2).
4: If requested in writing by Te Uri o Hau governance entity, the Director-General must not take action in respect of the specific principles agreed under section 43
5: Subsection (1) is subject to subsections (2) to (4).
48: Amendments to strategies and plans
1: The Director-General may initiate an amendment of any relevant conservation management strategy, conservation management plan, or national park management plan to incorporate objectives relating to the specific principles agreed under section 43
2: The Director-General must consult with all 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 47(2)
49: 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 conservation management strategies, conservation management plans, and national park management plans under section 48(1)
b: regulating or prohibiting activities or conduct by members of the public in a Kirihipi overlay area:
c: creating offences in respect of the contravention of any regulations made under paragraph (b), and providing for the imposition of fines not exceeding $5,000 for those offences.
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 49(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
50: Bylaws
1: The Minister of Conservation may make bylaws for the following purposes:
a: providing for the implementation of objectives included in conservation management strategies, conservation management plans, and national park management plans under section 48(1)
b: regulating or prohibiting activities or conduct by members of the public in a Kirihipi overlay area:
c: creating offences in respect of the contravention of any bylaws made under paragraph (b), and providing for the imposition of fines not exceeding $1,000 for those offences.
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 51(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 50(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
51: Notification of actions in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration of each Kirihipi overlay area; and
b: any principles agreed under section 43
2: The Director-General may, at his or her discretion, notify in the Gazette sections 47 to 49
3: The Director-General must notify in the Gazette section 50
52: Existing classification of Kirihipi overlay area
The purpose or classification of an area as a national park, conservation area, or reserve is not affected by the fact that the area is, or is in, a Kirihipi overlay area.
53: Revocation 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 a Kirihipi overlay area is no longer a Kirihipi overlay area.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: Te Uri o Hau governance entity and the Minister of Conservation have agreed in writing that the status of all or part of a Kirihipi overlay area is no longer appropriate for the area concerned; or
b: all or part of a Kirihipi overlay area is alienated by the Crown to a person or body other than 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 a Kirihipi overlay area.
3: Subsection (4) applies if—
a: paragraph (b) or paragraph (c) of subsection (2) applies; or
b: there is a change in the statutory management regime that applies to all or part of a Kirihipi overlay area.
4: If this subsection applies, the Crown must take reasonable steps to ensure that Te Uri o Hau governance entity continues to have input into the management of that part of the Kirihipi overlay area affected by the alienation or change in management responsibility, through negotiation with Te Uri o Hau governance entity by—
a: the Minister of the Crown responsible for the new management or the management regimes; or
b: the Commissioner of Crown lands; or
c: any other responsible officer.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 53(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Exercise of powers, duties, and functions
1: Nothing in section 40 section 42
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 Te Uri o Hau values than that person or entity would give under the relevant statute, regulation, or bylaw, if the area were not a Kirihipi overlay area and Te Uri o Hau values had not been acknowledged in relation to the area.
3: Subsection (2) does not limit the operation of subsection (1).
4: This section applies subject to the other express provisions of this subpart.
55: Rights not affected
1: Nothing in section 40 section 42
2: This section applies subject to the other express provisions of this subpart.
56: Limitation of rights
1: Nothing in section 40 section 42
2: This section applies subject to the other express provisions of this subpart.
2: Statutory acknowledgements and deeds of recognition
Interpretation
57: Interpretation
1: In this subpart and in Schedules 5 to 10 archaeological site section 6 coastal areas Schedules 9 10 consent authority section 2(1) deed of recognition sections 67 68 effective date Heritage New Zealand Pouhere Taonga section 6 resource consent section 87 statutory acknowledgement section 59 sections 58 to 65 statutory areas
a: means the areas, rivers, lakes, and wetlands described in Schedules 5 to 10
b: includes coastal areas, for the purposes of sections 58(1)﻿(a) to (c) 59 to 65 70 to 73
2: SO references are included in Schedules 5 to 10 Section 57(1) archaeological site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 57(1) Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Statutory acknowledgements
58: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require that consent authorities forward summaries of resource consent applications to Te Uri o Hau governance entity, as required by regulations made under section 64
b: to require that consent authorities, Heritage New Zealand Pouhere Taonga sections 60 to 62
c: to enable Te Uri o Hau governance entity and any member of Te Uri o Hau to cite statutory acknowledgements as evidence of the association of Te Uri o Hau with the statutory areas, as provided in section 65
d: to empower the Minister of the Crown responsible for management of the statutory areas, or the Commissioner of Crown Lands, to enter into deeds of recognition, as provided in section 67
2: This section does not limit the operation of sections 70 to 73 Section 58(1)﻿(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
59: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Te Uri o Hau of the particular cultural, spiritual, historic, and traditional association of Te Uri o Hau with the statutory areas, the texts of which are set out in Schedules 5 to 10
60: Consent authorities must have regard to statutory acknowledgments
From the effective date, and without derogation from its obligations under Part 2 sections 93 to 94C Section 60 substituted 1 August 2003 section 107(1) Resource Management Amendment Act 2003
61: Environment Court to have regard to statutory acknowledgements
1: From the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining, for the purposes of section 274
2: Subsection (1) does not derogate from the obligations of the Environment Court under Part 2
62: 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 62 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
63: Recording of statutory acknowledgements on statutory plans
1: Local authorities with jurisdiction in respect of a statutory area must attach information recording the statutory acknowledgement to—
a: all regional policy statements, regional coastal plans, other regional plans, district plans, and proposed plans (as defined in section 2
i: cover, wholly or partly, the statutory area; and
ii: are prepared under the Resource Management Act 1991
b: all proposed policy statements of the kind referred to in Schedule 1
i: cover, wholly or partly, the statutory area; and
ii: are prepared under the Resource Management Act 1991
2: The attachment of information under subsection (1) to a document referred to in that subsection—
a: may be by way of reference to this Part or by setting out the statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is neither part of the document (unless adopted by the relevant regional council or district council) nor subject to the provisions of Schedule 1
64: Distribution of applications to Te Uri o Hau governance entity
1: The Governor-General may, by Order in Council made on the recommendation of the Minister for the Environment, make regulations, as contemplated by clause 5.2.8 of the deed of settlement,—
a: providing for consent authorities to forward to Te Uri o Hau governance entity a summary of any applications received for resource consents for activities within, adjacent to, or impacting directly on statutory areas; and
b: providing for Te Uri o Hau governance entity to waive its rights to be notified under those regulations.
2: Nothing in regulations made under this section affects in any way the discretion of a consent authority as to—
a: whether to notify an application under sections 93 to 94C
b: whether Te Uri o Hau governance entity may be adversely affected
3: 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 64(2)﻿(a) amended 1 August 2003 section 107(2)﻿(a) Resource Management Amendment Act 2003 Section 64(2)﻿(b) amended 1 August 2003 section 107(2)﻿(b) Resource Management Amendment Act 2003 Section 64(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65: Use of statutory acknowledgement with submissions
1: Te Uri o Hau governance entity and any member of Te Uri o Hau may, as evidence of the association of Te Uri o Hau 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 Te Uri o Hau governance entity nor any member of Te Uri o Hau is precluded from stating that Te Uri o Hau 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 derogate from a statement made under subsection (4). Section 65(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 65(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Deeds of recognition
66: Purposes of deeds of recognition
1: The only purposes of deeds of recognition are to require that Te Uri o Hau governance entity be consulted, and regard had to its views, as provided in section 68
2: Subsection (1) does not limit or affect sections 70 to 73
67: Authorisation to enter into deeds of recognition
1: If a statutory acknowledgement has been made by section 59
2: A deed of recognition may be amended only by written agreement by—
a: either the responsible Minister or the Commissioner of Crown Lands; and
b: Te Uri o Hau governance entity.
3: In this section and section 68 responsible Minister
68: Form and terms of deeds of recognition
A deed of recognition entered into under section 67
a: Te Uri o Hau governance entity must be consulted; and
b: regard must be had to the views of Te Uri o Hau governance entity relating to the association described in the statutory acknowledgement to which the deed of recognition relates.
69: Termination of deeds of recognition
A deed of recognition automatically terminates in respect of a statutory area or the relevant part of the area if—
a: Te Uri o Hau governance entity and the Minister of Conservation agree in writing that a deed of recognition is no longer appropriate for the area concerned; or
b: all or part of the statutory area is alienated by the Crown to a person or body other than 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 statutory area. General
70: No limitation on other statutory acknowledgements or deeds of recognition
Neither the provision of a statutory acknowledgement to Te Uri o Hau governance entity nor the entry into a deed of recognition with Te Uri o Hau governance entity precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, a person other than a Te Uri o Hau claimant, with respect to the same statutory area.
71: Exercise of powers, duties, and functions
1: Neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account in the exercise of a power, duty, or function by a person or entity under a statute, regulation, or bylaw.
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 the association of Te Uri o Hau with a statutory area (as described in the relevant statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.
3: Subsection (2) does not affect the operation of subsection (1).
4: This section applies subject to sections 58 60 to 62 65 66 68
72: Rights not affected
1: The lawful rights or interests of any person who is not a party to the deed of settlement are not affected by either—
a: a statutory acknowledgement; or
b: a deed of recognition.
2: This section applies subject to the other express provisions of this subpart.
73: Limitation of rights
1: Neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to, a statutory area.
2: This section applies subject to the other express provisions of this subpart. Amendment to Resource Management Act 1991
74: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
3: Nohoanga entitlements
75: Interpretation
In this subpart, unless the context otherwise requires,— entitlement land land holding agent Nohoanga entitlement Nohoanga site Schedule 11 waterway
a: means—
i: a lake, being a body of fresh water surrounded or almost surrounded by land:
ii: a river, being a continually or intermittently flowing body of fresh water:
iii: a stream:
iv: a modified water course:
v: coastal waters, including harbours; but
b: does not include an artificial water course such as an irrigation canal, a water supply race, a canal for supply of water for electricity power generation, or a farm drainage canal.
76: Purpose of Nohoanga entitlements
A Nohoanga entitlement is granted to Te Uri o Hau governance entity for the sole purpose of permitting members of Te Uri o Hau, on a temporary and non-commercial basis, to occupy land close to a waterway and to have access to the waterway for lawful fishing and lawful gathering of other natural resources in the vicinity of the entitlement land. Grant, operation, and termination of Nohoanga entitlements
77: Grant and renewal of Nohoanga entitlements
1: The Crown must, in accordance with this subpart, grant to Te Uri o Hau governance entity Nohoanga entitlements over the Nohoanga sites.
2: The grant of a Nohoanga entitlement must be—
a: in the form in Schedule 12 section 78
b: for an initial term of 10 years beginning on the settlement date.
3: The land holding agent must notify the grant of a Nohoanga entitlement in the Gazette
4: The chief executive must note in his or her records the grant of a Nohoanga entitlement and the notice in the Gazette
5: A Nohoanga entitlement must be renewed for a further term of 10 years, unless the Nohoanga entitlement is terminated under section 90 section 91
6: Subsections (3) to (5) apply to—
a: the renewal of a Nohoanga entitlement as if it were the grant of the Nohoanga entitlement; and
b: the grant of a Nohoanga entitlement under sections 90(3) 91(7)
78: Variation of terms of Nohoanga entitlement
1: The form of a Nohoanga entitlement granted under section 77 Schedule 12
a: the addition of terms reasonably required by the Crown to give effect to this subpart; or
b: agreement between the land holding agent and Te Uri o Hau governance entity.
2: Any additional terms and any variation of terms under subsection (1) must not be inconsistent with this subpart.
79: Exclusive right to occupy entitlement land for the purpose of a Nohoanga entitlement
1: Te Uri o Hau governance entity has the right to permit members of Te Uri o Hau to occupy entitlement land—
a: for the purpose of a Nohoanga entitlement as set out in section 76
b: to the exclusion of other persons during the period or periods that it exercises the right to occupy the land.
2: Subsection (1) applies subject to subsections (3) to (5).
3: Subsection (1) does not prevent agents of the Crown or persons exercising statutory powers undertaking their functions in relation to entitlement land.
4: Te Uri o Hau governance entity may occupy entitlement land for such period or periods in a calendar year that do not exceed 210 days in total.
5: Te Uri o Hau governance entity must not occupy entitlement land in a calendar year during the period beginning on 1 May and ending on the close of 15 August.
80: Right to erect temporary dwellings
1: Te Uri o Hau governance entity may, while occupying entitlement land, erect camping shelters or similar temporary dwellings on the land.
2: Te Uri o Hau governance entity must remove any camping shelter or similar temporary dwellings that it has erected on the land under a Nohoanga entitlement whenever the right to occupy the land is not being exercised.
81: Condition of entitlement land when ceasing to occupy it
1: Te Uri o Hau governance entity must, whenever it ceases to occupy entitlement land, leave the land in substantially the same condition as it was in at the beginning of the period when it was last entitled to begin to exercise its right to occupy the land.
2: Subsection (1) does not apply to temporary effects normally associated with occupation of entitlement land under a Nohoanga entitlement.
82: Activities on entitlement land
1: Te Uri o Hau governance entity may, with the consent of the land holding agent, undertake activities on entitlement land that are reasonably necessary for the entitlement land to be used for the purpose of a Nohoanga entitlement as set out in section 76
2: When applying for the land holding agent’s consent, Te Uri o Hau governance entity must provide to the land holding agent details relating to the proposed activities, including (but not limited to)—
a: the effect of the activities on—
i: the entitlement land; and
ii: if the entitlement land is held under the Conservation Act 1987 Schedule 1
b: any measures that Te Uri o Hau governance entity proposes to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate any adverse effects.
3: In considering whether to give consent in relation to land held under the Conservation Act 1987 Schedule 1
4: The giving of consent is at the complete discretion of the land holding agent.
5: The land holding agent may give consent subject to such conditions as he or she thinks fit to impose.
6: Without limiting subsection (5), in giving consent in relation to land held under the Conservation Act 1987 Schedule 1
7: If the Crown has complied with its obligations under the Nohoanga entitlement, the Crown is not liable to compensate Te Uri o Hau governance entity (whether on termination of a Nohoanga entitlement or at any other time) for any activities undertaken by Te Uri o Hau governance entity on the entitlement land concerned.
8: This section applies subject to section 80
83: Crown’s obligation to provide lawful access
1: If an event described in subsection (2) occurs during the term of a Nohoanga entitlement, the Crown must ensure that Te Uri o Hau governance entity continues, for the rest of the term, to have the same type of access to the entitlement land as it had before the event occurred.
2: The events are—
a: the transfer of land adjacent to the entitlement land:
b: a change in the classification or status of land adjacent to the entitlement land.
3: The Crown’s obligation in subsection (1) is subject to compliance with any applicable provisions in or under any other enactment.
84: Nohoanga entitlement not to restrict public access
The grant and exercise of a Nohoanga entitlement must not impede access by members of the public along the waterway that the entitlement relates to.
85: Compliance with laws, bylaws, and land and water management practices
1: Te Uri o Hau governance entity and the activities carried on by it on entitlement land are subject to all laws, regulations, bylaws, and land and water management practices that apply to the entitlement land.
2: The land holding agent must, in carrying out land and water management practices relating to the entitlement land, have regard to the existence of a Nohoanga entitlement and must—
a: notify Te Uri o Hau governance entity of any activity that may affect Te Uri o Hau governance entity; and
b: avoid unreasonable disruption to Te Uri o Hau governance entity.
3: Te Uri o Hau governance entity is subject to the need, as required, to apply for resource consents for activities on entitlement land.
4: Subsection (3) does not limit subsection (1).
5: In this section, activities section 82
86: Rights of Te Uri o Hau governance entity under Nohoanga entitlement not assignable
The rights of Te Uri o Hau governance entity under a Nohoanga entitlement are not assignable.
87: Nohoanga entitlement not to restrict the Crown’s right to alienate land
The grant and exercise of a Nohoanga entitlement does not restrict the Crown’s right to alienate the entitlement land, land adjacent to the entitlement land, or land adjacent to the waterway concerned.
88: Te Uri o Hau governance entity may enforce rights against other persons
While Te Uri o Hau governance entity is occupying entitlement land in accordance with this subpart, Te Uri o Hau governance entity may enforce its rights under the Nohoanga entitlement against persons who are not parties to the deed of settlement, as if Te Uri o Hau governance entity were the owner of the entitlement land.
89: Suspension of Nohoanga entitlement
1: The land holding agent may suspend a Nohoanga entitlement in accordance with this section.
2: The land holding agent must not suspend the Nohoanga entitlement unless he or she first—
a: consults Te Uri o Hau governance entity; and
b: has particular regard to the views of Te Uri o Hau governance entity.
3: The land holding agent must not suspend a Nohoanga entitlement unless he or she considers the suspension is necessary for the management of the land, having regard to the purposes for which the Nohoanga entitlement is held.
4: If a Nohoanga entitlement is suspended, Te Uri o Hau governance entity may, after the end of the suspension, occupy the entitlement land for a period equal to the period of the suspension.
5: Subject to section 85(2) section 79(5)
90: Termination of Nohoanga entitlement
1: Te Uri o Hau governance entity and the Crown may terminate a Nohoanga entitlement by agreement in writing.
2: The Crown may terminate a Nohoanga entitlement by giving written notice to Te Uri o Hau governance entity on 1 or more of the following grounds:
a: that the Crown has alienated the entitlement land during the term of the Nohoanga entitlement:
b: that the entitlement land has, by any natural cause, been destroyed or permanently and detrimentally affected:
c: that—
i: it is a condition of the Nohoanga entitlement that the entitlement land may be required for the specific purpose that it was originally set apart for as a reserve; and
ii: the entitlement land is required for that purpose:
d: that the entitlement land is an unformed road that has become formed:
e: that lawful access to the entitlement land has ceased to exist.
3: On the termination of a Nohoanga entitlement under this section, the Crown must take all reasonable steps to grant a replacement Nohoanga entitlement to Te Uri o Hau governance entity.
4: Subsection (3) does not apply in relation to a Nohoanga entitlement if the entitlement land concerned is vested in Te Uri o Hau governance entity for an estate in fee simple.
5: Subject to section 83
a: complies with clause 5.4.3 of the deed of settlement; and
b: is identified by similar processes used by the Crown and Te Uri o Hau to identify Nohoanga sites before entering into the deed of settlement.
91: Termination of Nohoanga entitlement for breach of obligations
1: This section applies if Te Uri o Hau governance entity defaults in performing any of its obligations under a Nohoanga entitlement.
2: If the default is capable of remedy, the Crown may give Te Uri o Hau governance entity a notice 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 the notice is given by the Crown, Te Uri o Hau governance entity has not remedied or taken appropriate action to remedy the default as required by the Crown, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to Te Uri o Hau governance entity.
5: If the default is not capable of remedy, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to Te Uri o Hau governance entity.
6: Te Uri o Hau governance entity may, not earlier than 2 years after the termination of a Nohoanga entitlement under this section, apply to the Minister of Maori Affairs for the grant of another Nohoanga entitlement that complies with clause 5.4.3 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 Nohoanga entitlement over land that—
a: complies with clause 5.4.3 of the deed of settlement; and
b: is identified by similar processes used by the Crown and Te Uri o Hau to identify Nohoanga sites before entering into the deed of settlement. Incidental provisions
92: Part 3B of Conservation Act 1987 not to apply
Part 3B
93: Rating Powers Act 1988
1: The grant of a Nohoanga entitlement does not make the entitlement land concerned rateable property under section 4(1) of the Rating Powers Act 1988
2: Entitlement land is to be treated as if it were rateable property for the purposes of section 7 of the Rating Powers Act 1988
3: However, Te Uri o Hau governance entity is liable to pay a rate, charge, or fee payable under section 7 of the Rating Powers Act 1988
94: Section 44 of Reserves Act 1977 not to apply
Section 44
95: Section 11 and Part 10 of Resource Management Act 1991 not to apply
The grant of a Nohoanga entitlement is not a subdivision for the purposes of section 11 Part 10
96: Rights of other parties not affected
1: The grant and exercise of a Nohoanga entitlement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
2: Subsection (1) applies subject to the other express provisions of this subpart.
97: No creation of rights in entitlement land
1: The grant and exercise of a Nohoanga entitlement does not grant, create, or provide evidence of an estate or interest in, or rights of any kind relating to, entitlement land.
2: Subsection (1) applies subject to the other express provisions of this subpart.
4: Permission for right of way not required
98: Permission of council not required
The permission of a council under section 348
5: Shellfish quota and oyster reserves
99: Consent to excess holding of quota
1: The Minister is to be treated as having consented under section 60(1) section 28W(3)
2: If subsection (1) applies, the Minister is to be treated as complying with the requirements of section 60 section 28W
3: In this section,— excess shellfish quota section 59 section 28W
a: shellfish quota purchased by Te Uri o Hau under the deed granting a right of first refusal over shellfish quota that is to be delivered by the Crown to Te Uri o Hau and executed by Te Uri o Hau under clauses 5.8.2 and 5.8.5 of the deed of settlement:
b: shellfish quota received by Te Uri o Hau governance entity from the Treaty of Waitangi Fisheries Commission Minister section 2(1) shellfish quota
100: Oyster reserves
Regulations may be made under clause 5.10.3 of the deed of settlement despite section 10(d)
6: Indigenous species
101: Interpretation
In this section and sections 102 to 106 DOC Department of Conservation section 5 indigenous species Te Uri o Hau DOC protocol area
102: Special association with indigenous species acknowledged
The Crown acknowledges the statement by Te Uri o Hau of the cultural, spiritual, historic, and traditional association of Te Uri o Hau with the indigenous species, the text of which is set out in Schedule 13
103: Purpose of acknowledgement
1: The only purpose of the acknowledgement by section 102 section 108
2: Subsection (1) does not limit sections 104 to 106
104: Exercise of powers, duties, and functions
1: The acknowledgement by section 102
2: No person or entity, in considering a matter or making a decision under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Te Uri o Hau with indigenous species than that person or entity would give under the relevant statute, regulation, or bylaw, if no acknowledgement of that association existed.
3: Subsection (2) does not limit subsection (1).
4: This section applies subject to the other express provisions of this subpart.
105: Rights not affected
1: The acknowledgement by section 102
2: Subsection (1) applies subject to the other express provisions of this subpart.
106: Limitation of rights
1: The acknowledgement by section 102
2: Subsection (1) applies subject to the other express provisions of this subpart.
7: Protocols
107: Interpretation
In this subpart,— Crown-owned mineral section 2 sections 10 11 Continental Shelf Act 1964 protected New Zealand object Protected Objects Act 1975 protocol
a: how—
i: the Department of Conservation will exercise its functions, powers, and duties in relation to specified matters within Te Uri o Hau DOC protocol area:
ii: the Ministry of Fisheries will exercise its functions, powers, and duties in relation to specified matters within Te Uri o Hau Fisheries protocol area:
iii: the Ministry of Economic Development will exercise its functions, powers, and duties in relation to specified matters within Te Uri o Hau MED protocol area:
iv: the Ministry for Culture and Heritage will exercise its functions, powers, and duties in relation to specified matters within Te Uri o Hau protected New Zealand objects
b: how—
i: the Department of Conservation, the Ministry of Fisheries, or the Ministry for Culture and Heritage, will, on a continuing basis, interact with Te Uri o Hau and provide for the input of Te Uri o Hau into their decision-making processes:
ii: the Ministry of Economic Development will, on a continuing basis, consult with Te Uri o Hau and provide for the input of Te Uri o Hau into the decision-making processes of that Ministry responsible Minister
a: the Minister of Conservation:
b: the Minister of Fisheries:
c: the Minister of Energy:
d: the Minister for Arts, Culture and Heritage:
e: any other Minister of the Crown authorised by the Prime Minister to exercise powers, duties, and functions under this subpart responsible Ministry
a: the Department of Conservation:
b: the Ministry of Fisheries:
c: the Ministry of Economic Development:
d: the Ministry for Culture and Heritage:
e: any other department of State authorised by the Prime Minister to exercise powers, functions, or duties under this subpart taonga tūturu Protected Objects Act 1975 Te Uri o Hau DOC protocol area section 101 Te Uri o Hau Fisheries protocol area
a: within the Kaipara Harbour and Mangawhai Harbour; and
b: extending to the outer limit of the Exclusive Economic Zone (as defined in section 2 Te Uri o Hau MED protocol area
a: within the Kaipara Harbour and Mangawhai Harbour; and
b: extending to the outer limit of the Exclusive Economic Zone (as defined in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Te Uri o Hau protected New Zealand objects
a: the Mangawhai Harbour; and
b: the Kaipara Harbour and its tributaries; and
c: the waters (including the foreshore and seabed) of the coastal areas adjacent to the coastal boundary of the area shown on that map extending to the outer limit of the territorial sea (as defined in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 107 antiquity repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 107 artifact repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 107 protected New Zealand object inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 107 protocol paragraph (a)﻿(iv) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 107 taonga tūturu inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 107 Te Uri o Hau Antiquities protocol area repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 107 Te Uri o Hau protected New Zealand objects protocol area inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006
108: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol of the appropriate kind and in the appropriate form referred to in clause 5.12.2 of the deed of settlement; and
b: amend or cancel that protocol.
2: Protocols may be amended or cancelled under subsection (1) at the initiative of either—
a: the Minister who issued the protocol; or
b: Te Uri o Hau governance entity.
3: A responsible Minister may amend or cancel a protocol issued by that Minister under subsection (1) only after consulting with Te Uri o Hau governance entity, and having particular regard to its views.
109: Protocols subject to Crown’s obligations
Protocols are issued and amended subject to, and without restriction on,—
a: the obligations of each responsible Minister and each responsible Ministry to discharge their respective powers, duties, and functions in accordance with existing law and government policy:
b: the Crown’s powers to amend policy and to introduce legislation.
110: Noting of conservation protocol
1: The existence of the protocol referred to in Schedule 5.18 of the deed of settlement, as amended from time to time, together with the definition of protocol in section 107
2: Noting of a protocol under subsection (1) is—
a: for the purpose of public notice only; and
b: is not an amendment to a strategy or plan for the purposes of section 17I section 46
111: Noting of fisheries protocol
1: The existence of the protocol referred to in Schedule 5.19 of the deed of settlement, as amended from time to time, together with the definition of protocol in section 107
2: The noting of the fisheries protocol is—
a: for the purposes of public notice only; and
b: is not an amendment to a strategy or plan for the purposes of section 11A
112: Enforceability of protocol
1: A responsible Minister must comply with a protocol issued by that Minister while it is in force.
2: If a responsible Minister fails without good cause to comply with a protocol issued by that Minister, Te Uri o Hau governance entity may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any other form of monetary compensation are not available as a remedy for failure to comply with a protocol.
4: To avoid doubt, subsection (3) does not affect the ability of a court to award court costs in relation to proceedings referred to in subsection (2).
5: Subsection (1) does not apply to any guidelines developed in connection with the implementation of the protocol.
113: Limitation of rights
1: A protocol referred to in clause 5.12.2(a) of the deed of settlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or any rights of any kind 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: A protocol referred to in clause 5.12.2(b) of the deed of settlement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to, any assets or other property rights held, managed, or administered under fisheries legislation (including fish, aquatic life, or seaweed).
3: A protocol referred to in clause 5.12.2(c) of the deed of settlement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to any Crown-owned mineral held, managed, or administered under the Crown Minerals Act 1991
4: A protocol referred to in clause 5.12.2(d) of the deed of settlement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to, protected New Zealand objects or ngā taonga tūturu Protected Objects Act 1975
5: In this section,— fisheries legislation
a: the Fisheries Act 1983
b: the Fisheries Act 1996
c: all regulations made under either, or both, of those Acts. Section 113(4) amended 1 November 2006 section 5(1)﻿(b) Protected Objects Amendment Act 2006 Section 113(4) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006
8: Changes of name
114: Changes of place names on official maps
1: Each place name in column 1 of Schedule 14
2: New place names are set out in column 2 of Schedule 14
3: The changes made by subsections (1) and (2) are to be treated as made—
a: with the approval of the New Zealand Geographic Board; and
b: in accordance with the New Zealand Geographic Board Act 1946
115: Change of name of certain reserves
1: The name of the Maungaturoto scenic reserve is changed to Pukeareinga scenic reserve.
2: The name of the Tapora Government Purpose (Wildlife Management) Reserve is changed to Manukapua Government Purpose (Wildlife Management) Reserve.
3: The changes of name made by this section are deemed to have been made pursuant to section 16(10)
116: Changes to official signs and publications
The Crown must incorporate the changes made by sections 114 115
6: Commercial redress properties
117: Transfer of commercial redress properties
1: To give effect to section 7 of the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in a commercial redress property to Te Uri o Hau governance entity:
b: sign a memorandum of transfer or other document, or do any other thing to execute such a transfer.
2: In exercising the powers conferred by subsection (1), the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial redress property.
118: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement required to enable the Crown to grant the easements specified in clause 1.4 of attachment 7.2 to the deed of settlement.
2: An easement granted under subsection (1)—
a: is registrable under section 17ZA(2)
b: is enforceable on its terms despite Part 3B
119: Creation of computer register
1: This section applies to a commercial redress property to the extent that 1 or more allotments of the property are not included in a certificate of title or computer freehold register.
2: The Registrar-General must, on written application by a person authorised by the chief executive, comply with subsection (3).
3: The Registrar-General must, in accordance with the application, create 1 or more computer freehold registers in the name of the Crown subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
4: If, immediately before the creation of a computer freehold register, the allotments of the property are held for different purposes, the register may be created without a statement of purpose.
5: The Crown may grant a covenant to arrange for the later creation of 1 or more computer freehold registers for a property that is to be transferred to Te Uri o Hau governance entity.
6: Despite the Land Transfer Act 1952
a: the Crown may request the Registrar-General to register a covenant referred to in subsection (5) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
7: In this section, allotment section 2(1)
120: Redress licensed land ceases to be Crown forest land
Redress licensed land ceases to be Crown forest land immediately on transfer of the fee simple estate in that land to Te Uri o Hau governance entity.
121: Redress licensed land
1: Te Uri o Hau governance entity is a confirmed beneficiary under clause 11.1 of the Crown forestry rental trust in respect of the redress licensed land, and the provisions of that trust apply accordingly.
2: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
3: Notice given by the Crown under subsection (2) has effect as if the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
122: Application of other enactments
1: Nothing in section 11 Part 10
a: the transfer of a commercial redress property to Te Uri o Hau governance entity under this Act; or
b: any matter incidental to, or required for the purpose of, the transfer of a commercial redress property under this Act.
2: The transfer of a commercial redress property under this Act does not—
a: affect private rights to sub-surface minerals; nor
b: limit sections 10 11
3: The transfer of a commercial redress property under this Act is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
123: Roadways and rights of way
The permission of a council under section 348
124: Deed for continued public access
The deed relating to continued public access in respect of the Mangawhai licensed land referred to in clause 7.2.4 of the deed of settlement is enforceable by the Crown on behalf of the public.