Ngāti Maru (Taranaki) Claims Settlement Act 2022

1: Title
This Act is the Ngāti Maru (Taranaki) Claims Settlement Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Ngāti Maru in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Maru.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date; or
b: a power to be exercised under the provision on that date; or
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: 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: This Part—
a: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Maru, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Ngāti Maru and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for—
i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: a consequential amendment to the Treaty of Waitangi Act 1975
iii: the effect of the settlement on certain memorials; and
iv: the effect of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
v: the exclusion of the limit on the duration of a trust; and
vi: access to the deed of settlement.
3: Part 2
a: cultural redress that does not involve the vesting of land, namely,—
i: in subpart 1
ii: in subpart 2
b: in subpart 3
c: in subpart 4
i: provision for a Maru Taiao plan to identify values and principles of Ngāti Maru in relation to the Maru Taiao area, and the resource management issues of significance to Ngāti Maru; and
ii: a requirement for a joint management agreement covering the management of the Waitara River and activities within its catchment affecting the river; and
iii: a requirement for a cultural materials plan to be developed by the Minister of Conservation and the trustees setting out how the trustees will provide a member of Ngāti Maru with written authorisation to collect specified cultural materials from conservation land; and
iv: the Crown’s acknowledgement of the association of Ngāti Maru with pākohe and pūrangi, and provision for members of Ngāti Maru to remove the minerals by hand from the relevant area.
4: Part 3
a: in subpart 1
b: in subpart 2
c: in subpart 3
d: in subpart 4
5: There are 3 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3 Summary of historical account, acknowledgements, and apology of the Crown
7: Summary of historical account, acknowledgements, and apology
1: Section 8
2: Sections 9 10
3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Summary of historical account
1: The Ngāti Maru rohe is centred on the inland Waitara River valley in Taranaki. For generations, Ngāti Maru cultivated on the fertile river flats, and drew resources from the area’s forests, rivers, and wetlands.
2: Because of their inland location, Ngāti Maru had limited contact with Europeans during the 1840s and 1850s. Ngāti Maru were not involved in the land dealings which led to war in Taranaki in 1860, and were not directly involved in the subsequent fighting. Their involvement was limited to providing refuge to Wiremu Kingi Te Rangitāke, in accordance with the requirements of whanaungatanga. However, when the Crown confiscated huge tracts of Taranaki to punish so called rebels
3: Following the confiscation, Ngāti Maru continued to live on their lands. In the early 1870s, the Crown attempted to promote European settlement on confiscated land by paying some Ngāti Maru compensation for the rights that the confiscation had extinguished. These deeds of cession
4: Much of the remaining Ngāti Maru land was then put through the Native Land Court. Ngāti Maru had no alternative but to use the Native Land Court if they wanted a title that could be legally recognised and protected from claims by other Māori. A legal title was also necessary if Ngāti Maru wished to lease or sell land. However, the individualisation of customary title made the land more susceptible to alienation, and further damaged tribal cohesion. Ultimately, Ngāti Maru did not retain any of the land awarded to them by the Native Land Court.
5: In the early 1890s, some Ngāti Maru were virtually landless, and appealed to the Crown for help. The Crown’s response was slow and ineffective. Legislation was not enacted until 1907, and the land ultimately provided to Ngāti Maru was poor and of limited size. An agreement to consolidate individual awards into more economically-viable family holdings was never carried out, and landless Ngāti Maru people not named in the 1907 Acts did not receive any land. Despite further petitions, in 1946 the Crown finally declined to provide any further land for Ngāti Maru. Much of the tribe’s remaining land later came under Public Trustee administration and was subject to perpetual leases that invariably benefitted Pākehā farmers rather than the Ngāti Maru owners.
6: The extensive loss of Ngāti Maru lands has eroded tribal structures, created severe poverty, and damaged the physical, cultural, and spiritual health of generations of Ngāti Maru people. The intense sense of loss and disconnection is expressed in the following Ngāti Maru lament: Maru Hāhā. Hāhā te whenua. Hāhā te tangata. Maru of extreme loss and breathlessness. The land is deserted. The people are gone and gasping for breath. Te whakarāpopotanga o ngā pūtakenga kōrero
1: Ko te rohe o Ngāti Maru kei te tuawhenua o te riu o te awa o Waitara ki Taranaki. E hia nei ngā whakatupuranga i ngaki kai ai ha Ngāti Maru i ngā whenua papatahi e mōmona ana i ngā tahataha o te awa, i whai hua ai hoki rātou i ngā rawa o ngā motumotu, o ngā awa me ngā hūhi o te rohe.
2: Nā te mea i te tuawhenua rātou, he iti ngā wā i tūtaki ai rātou ki te Pākehā i ngā tekau tau o te 1840 me te 1850. Kīhei ha Ngāti Maru i whai wāhi atu ki ngā hokotanga o te whenua i pakū ai te pū, i katoro ai te ahi i Taranaki i te tau 1860, kāti kīhei rātou i āta uru atu ki te whawhai i hua mai rā i reira. Ko tā rātou whāi wāhi atu i whāiti noa iho ki te whakamarumaru i ha Wiremu Kingi Te Rangitāke, e ai rā ki ngā tikanga o te whanaungatanga. Heoti anō, i te wā i muru raupatu te Karauna i ngā whenua rahi hei whiu i hērā i pōhēhētia nei hei kaiwhakapātaritari
3: I muri mai i te muru raupatu, ka noho tonu ha Ngāti Maru ki hō rātou whenua. I te upoko o te tekau tau 1870, ka whai te Karauna ki te whakatairanga i tā te manene Pākeha whakatau ki ngā whenua kua muru raupatungia mā te utu paremata ki hētahi o ngā uri o Ngāti Maru mō ngā mana i unuhia ai e te muru raupatu. Nā hēnei whakaaetanga tuku
4: He maha ngā whenua e toe ana ki ha Ngāti Maru i riro mā Te Kooti Whenua Māori hei whakawā. Kāore he kōwhiringa anō i ha Ngāti Maru atu i te whai i Te Kooti Whenua Māori mehemea i pīrangi rātou ki tētahi taitara e whai mana ana i raro i te ture, e aukatia ai hoki te kerēme mai a hētahi atu Māori. Me mātua whai taitara ā-ture hoki mehemea i hiahia ha Ngāti Maru ki te rīhi atu, ki te hoko atu rānei i te whenua. Heoti anō, nā te whakatakitahitanga o ngā taitara tuku iho i noho whakaraerae ai te whenua ki te rironga, ka kino kē ake te motunga o ngā hononga i waenga i te iwi. I te mutunga iho, kīhei i riro mai anō i ha Ngāti Maru he whenua kotahi i whakawhiwhia rā ki ha rātou e Te Kooti Whenua Māori.
5: I te upoko o te tekau tau 1890, kua tata whenua kore hētahi o Ngāti Maru, kāti i tono rātou kia āwhinatia rātou e te Karauna. He pōturi, he hua kore hoki te urupare a te Karauna. Nō te tau 1907 rā anō i mana ai te ture, ā, ko te whenua i tukuna ai ki ha Ngāti Maru, i te mutunga iho, he akeake, he iti noa. Kīhei i whakatinanahia te whakaaetanga kia whakatōpūngia ngā taitara takitahi i whakawhiwhia mai rā hei taitara whenua ā-whānau e whai hua ake ai te taha ōhanga, kāti kīhei i whakawhiwhia he whenua ki ngā uri o Ngāti Maru kāore hō rātou nei whenua, kāore hoki hō rātou ingoa i ngā Ture o te tau 1907. Ahakoa ngā petihana i muri mai, i te tau 1946, kātahi tonu te Karauna ka whakapeka ki te tuku whenua atu anō ki ha Ngāti Maru. I riro te maha o ngā whenua e toe ana mō te iwi ki ngā whakaritenga a te Kaitiaki Tūmatanui, kāti i noho whakaraerae ki te rīhi whakahou-pūmau i whai hua ai ngā kaipāmu Pākehā i hōna wā tērā i ngā uri o Ngāti Maru nō rātou te whenua.
6: Nā te nui o te rironga o ngā whenua o Ngāti Maru i hinga ai ngā tūranga ā-iwi, i hua ai te mutunga mai o te pōharatanga, i tūkinotia ai hoki te oranga ā-tinana, ā-ahurea, ā-wairua hoki o ngā whakatupuranga o Ngāti Maru. Ko te nui o te mamae i te rironga o hō rātou whenua me te motunga o te here ki reira ka whakapuakina mā roto i te tangi a Ngāti Maru e whai ake nei: Maru Hāhā. Hāhā te whenua. Hāhā te tangata.
9: Acknowledgements
1: The Crown acknowledges that Ngāti Maru’s relationship with the Crown has been one characterised by loss of land, of identity, and of autonomy. For Ngāti Maru, this loss has left a legacy of dislocation and dispossession. Accordingly, the Crown makes the following acknowledgements to Ngāti Maru.
2: The Crown acknowledges that the wars in Taranaki constituted an injustice and were in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
3: The Crown acknowledges that—
a: even though Ngāti Maru were not in rebellion, the Crown unfairly treated Ngāti Maru as being in rebellion; and
b: its 1865 confiscation of half of Ngāti Maru’s land had a devastating effect on the mana, welfare, economy, culture, and social development of the iwi; and
c: as a result of the confiscations, many Ngāti Maru were displaced and deprived of access to their wāhi tapu and sites of ancestral significance, traditional sources of food, and other resources on that land; and
d: it created confusion and damaging division among Ngāti Maru by negotiating deeds of cession for lands in the raupatu district despite the opposition of many of the iwi to alienating land the Crown had already confiscated; and
e: the confiscation was indiscriminate in extent and application, unconscionable, and unjust, and was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
4: The Crown acknowledges that the prejudicial effects of the war and confiscations were compounded by the inadequacies of the Compensation Court process, especially the Court’s failure to fulfil promises to return land to Ngāti Maru for a number of years.
5: The Crown acknowledges that—
a: its failure to return lands to Ngāti Maru in a timely manner caused uncertainty and distress for the iwi about where they were to live; and
b: it compounded this confusion by making informal cash payments (takoha) to Ngāti Maru which did not involve proper investigation of Māori customary rights, and no clear definition of the land supposedly being secured.
6: The Crown acknowledges that—
a: it did not consult Ngāti Maru before introducing land laws in the nineteenth century which established the Native Land Court; and
b: Ngāti Maru had no choice but to participate in the Native Land Court system to protect their land against the claims of others; and
c: because Native Land Court hearings were frequently held and advertised at places distant from the Ngāti Maru rohe, the iwi did not always receive notice that titles to their land were under determination and thereby lost important opportunities to defend their interests; and
d: the individualisation of title made Ngāti Maru’s land more susceptible to partition, fragmentation, and alienation, and this led to the erosion of Ngāti Maru’s tribal structures. The Crown’s failure to protect these structures was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
7: The Crown acknowledges that the survey costs associated with the Mangaere block were an unreasonable burden on its Ngāti Maru owners, and that its failure to actively protect Ngāti Maru from this burden was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
8: The Crown acknowledges that the native land laws failed to offer an effective form of tribal title to facilitate Ngāti Maru’s tribal control over their lands until 1894, and that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
9: The Crown acknowledges that—
a: the West Coast Commissions were inadequate in their scope and therefore did not fully address the injustices perpetrated by the confiscations; and
b: the reserves created by the Commissions in the 1880s were—
i: virtually all returned under uncustomary individualised title; and
ii: mainly situated in rough inaccessible bush; and
iii: not sufficient for the present and future needs of Ngāti Maru; and
c: the Crown’s actions with respect to the West Coast Settlement Reserves, considered cumulatively, including the imposition of a regime of perpetually renewable leases and the sale of Ngāti Maru land by the Public and Māori Trustee—
i: ultimately deprived Ngāti Maru of the control and ownership of the lands reserved for them in Taranaki; and
ii: contributed to the impoverishment of Ngāti Maru; and
iii: were in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
10: The Crown acknowledges that—
a: it imprisoned members of Ngāti Maru and other Māori of Taranaki for their participation in the peaceful resistance campaign initiated at Parihaka in 1879 and 1880; and
b: legislation was enacted which “suspended the ordinary course of law”, and as a result, all Ngāti Maru prisoners were detained without trial; and
c: the detention of those Ngāti Maru without trial for an unreasonably lengthy period assumed the character of indefinite detention; and
d: the imprisonment of at least 12 Ngāti Maru men in South Island gaols for political reasons inflicted unwarranted hardships on them and on members of their whānau and hapū; and
e: the treatment of these political prisoners—
i: was wrongful, a breach of natural justice, and deprived them of basic human rights; and
ii: was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
11: The Crown acknowledges that—
a: it inflicted serious damage on Parihaka and assaulted the human rights of the people residing there during its invasion and subsequent occupation of the settlement; and
b: it forcibly removed many inhabitants, destroyed and desecrated their homes and sacred buildings, stole heirlooms, systematically destroyed large cultivations and livestock, and regulated entry into Parihaka; and
c: its actions were a complete denial of the Māori right to develop and sustain autonomous communities in a peaceful manner; and
d: its treatment of Ngāti Maru people at Parihaka was unconscionable and unjust, and that these actions constituted a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
12: The Crown acknowledges that it failed to set aside the Pohohitoa urupā that was reserved from the Pukemahoe deed of purchase in 1874. The Crown further acknowledges that in the 1890s it surveyed and then built a road through this site in the knowledge that it was an urupā. This was a failure to actively protect Māori interests and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown further acknowledges that the remains of Ngāti Maru tūpāpaku were exhumed during construction, and that this caused profound anguish for Ngāti Maru.
13: The Crown acknowledges that—
a: it reserved less than one per cent of the land it purchased in the 1870s for Ngāti Maru, and that by the beginning of the twentieth century many Ngāti Maru were landless; and
b: it was slow to react to the plight of landless Ngāti Maru, and after Parliament enacted legislation to provide for landless Ngāti Maru, the Crown took until 1915 to provide 2,000 acres it had previously confiscated; and
c: landlessness has had a devastating impact on the social, cultural, and spiritual well-being of Ngāti Maru, and has led to socio-economic hardship for the iwi; and
d: its failure to ensure that Ngāti Maru retained sufficient land for their present and future needs is a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
14: The Crown acknowledges that Ngāti Maru consider the Waitara River an ancestor, and that until the late 1970s, this river was grossly polluted by untreated wastewater from industrial plants and dairy farms, and that waste from local meat-works made the river run red
15: The Crown acknowledges that, together, its breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles during the nineteenth and twentieth centuries significantly undermined Ngāti Maru’s traditional systems of authority and knowledge, and the rituals and art forms associated with their maintenance and development, compromised their economic capacity, and threatened the physical, cultural, and spiritual well-being of the iwi. The Crown acknowledges that its failure to protect the rangatiratanga of Ngāti Maru was in breach of its obligations under Article Two of te Tiriti o Waitangi/the Treaty of Waitangi and has led to Ngāti Maru’s intense sense of enduring loss and disconnection from their treasured whenua.
16: The Crown acknowledges that the lands and other resources confiscated from Ngāti Maru have made a significant contribution to the wealth and development of Taranaki as a region, and New Zealand as a whole. He Whakaaetanga
1: E whakaae ana te Karauna ko te whakaahuatanga o te hononga i waenga i ha Ngāti Maru me te Karauna, ko te rironga—o te whenua, o te tuakiri, o te mana motuhake hoki. Nā hēnei rironga i mahue mai ki a Ngāti Maru ko te panatanga ki whenua kē me te rawakoretanga. Nā reira e whakatakotohia nei e te Karauna ki a Ngāti Maru hēnei whakaaetanga e whai ake nei.
2: E whakaae ana te Karauna he tūkino ā-ture ngā pakanga i Taranaki, ka mutu he takahanga hēnei i te Tiriti o Waitangi me hōna mātāpono.
3: E whakaae ana te Karauna—
a: ahakoa kāore ha Ngāti Maru i tū ki te whakapātaritari, i tūkino te Karauna i a Ngāti Maru ānō nei he kaiwhakapātaritari;
b: i kino rawa atu te pānga o tana muru raupatu i te haurua o ngā whenua o Ngāti Maru i te tau 1865 ki te mana, ki te oranga, ki te ōhanga, ki te ahurea, ki te whanaketanga ā-pāpori hoki o te iwi;
c: nā ngā muru raupatu, i panaia ai te tokomaha o Ngāti Maru ki whenua kē, ka mutu kāore he huarahi hei haerenga mō rātou ki hō rātou wāhi tapu me ngā wāhi tuku iho mai i ngā tūpuna, ki ngā wāhi tuku iho mō te kai me hētehi atu rawa o taua whenua;
d: nāna i puta ai te rangiruatanga, i kino ai hoki te wehewehe o Ngāti Maru mā te whakarite whakaaetanga tuku mō ngā whenua i te takiwā raupatu ahakoa te tohe a te tokomaha o te iwi ki te rironga o ngā whenua kua muru raupatu kētia e te Karauna; ā,
e: matapōkere ana te whānui me te kawenga o te raupatu, ā, he makihuhunu, he tūkino ā-ture, ka mutu he takahanga i te Tiriti o Waitangi me hōna mātāpono.
4: E whakaae ana te Karauna i kino kē atu ngā pānga mai o te pakanga me ngā raupatu nā ngā takarepatanga o te tukanga o te Kōti Utu Paremata, oti noa nā te korenga o tā te Kōti whakaea i ngā oati i kī rā i ngā tau e hia nei ka whakahokia te whenua ki a Ngāti Maru.
5: E whakaae ana te Karauna—
a: nā tana kore i whakahoki wawe i ngā whenua ki a Ngāti Maru i ngākaurua ai, i āwangawanga ai te iwi mō te korenga o te whenua hei kāinga mō rātou; ā,
b: i kino ake tēnei rangiruatanga nā ana takoha ki a Ngāti Maru, kāore nei i whai wāhi atu tētehi whakatewhatewha tika i ngā mana tuku iho o te Māori, ka mutu ko te pūmautanga o te taitara kāore i āta whakaaturia.
6: E whakaae ana te Karauna—
a: kāore ia i whakamōhio i ha Ngāti Maru i mua i tana whakatau ture whenua i te rautau tekau mā iwa i hangaia mai ai Te Kooti Whenua Māori;
b: kāore ā Ngāti Maru kōwhiringa atu i te whai wāhi ki te pūnaha o Te Kooti Whenua Māori hei aukati i te kokorahotanga o hō rātou whenua e wai kē atu;
c: nā te pānuitanga me te rerenga o ngā whakawā a Te Kooti Whenua Māori e tawhiti kē ana i te rohe o Ngāti Maru, kāore te iwi i whakamōhiotia ki te whakawākanga o ngā taitara ki hō rātou whenua, me te aha i riro atu te wā hirahira e tiaki ai rātou i hō rātou pānga; ā,
d: nā te whakatakitahitanga o ngā taitara i whakaraerae ake ai ngā whenua ki te wāwāhitanga, ki te porohanga, ki te rironga hoki, ka mutu nā reira i ngahoro ai ngā tūranga o te iwi o Ngāti Maru. Ko tō te Karauna kore i tiaki i hēnei tūranga tētehi takahanga i te Tiriti o Waitangi me hōna mātāpono.
7: E whakaae ana te Karauna he haraki ki ngā uri o Ngāti Maru nō rātou te whenua te taimaha o ngā utu o te wea e hāngai ana ki te poraka o Mangaere, ā, ko tana korenga i āta tiaki i ha Ngāti Maru kia kaua ai e pēnei tana taimaha tētehi takahanga i te Tiriti o Waitangi me hōna mātāpono.
8: E whakaae ana te Karauna nā ngā ture mō te whenua Māori i kore ai e puta, taea noatia te tau 1894, tētehi taitara ā-iwi e whai take ana kia mau ai i ha Ngāti Maru te mana o hōna ake whenua, ka mutu he takahanga tēnei i te Tiriti o Waitangi me hōna mātāpono.
9: E whakaae ana te Karauna—
a: i whāiti rawa ngā tirohanga a te Kōmihana ki te Taihauāuru, me te aha kāore i āta ea i ha rātou ngā tūkino ā-ture i hua mai i ngā raupatu;
b: ko ngā kōrero mō ngā whenua rāhui i whakaritea ai e ngā Kōmihana i te tekau tau 1880 e pēnei ana—
i: tata tonu ko te katoa i noho i raro i te taitara takitahi kāore nei i tukuna iho;
ii: ko te nuinga i te ururuatanga o te ngahere kāore i taea e wai rānei; ā,
iii: kāore i rawaka e ora ai ngā uri o Ngāti Maru o nāianei, o muri ake nei hoki;
c: nā ngā mahi a te Karauna e pā ana ki ngā Whakataunga Whenua Rāhui ki te Taihauāuru, i te whakatōpūtanga, tae atu ki te kawenga o tētehi kaupapa mō ngā rīhi whakahou-pūmau me te hokotanga o ngā whenua o Ngāti Maru e te Kaitiaki Tūmatanui me te Tumu Paeroa—
i: i unuhia ai, i te mutunga iho, te mana whakahaere, me te mana pupuri o Ngāti Maru i ngā whenua i rāhuitia rā mō rātou i Taranaki;
ii: i whai wāhi atu ki te pōharatanga o Ngāti Maru; ā,
iii: i takahia rā te Tiriti o Waitangi me hōna mātāpono.
10: E whakaae ana te Karauna—
a: i mauhere ia i ngā uri o Ngāti Maru me hētehi atu Māori o Taranaki, mō rātou i whai wāhi ki te kaupapa o te papare i runga i te rangimārie i tīmata rā i Parihaka i te tau 1879 me te tau 1880;
b: he ture i whakamanatia i “tārewa ai te rerenga māori o te ture”, me te aha ko ngā mauhere katoa o Ngāti Maru kāore i whakawāngia;
c: nā te haraki o te roa o te wā i kore ai e whakawāngia aua mauhere o Ngāti Maru rā, ānō ka pēnei rātou i te mauheretanga mutunga kore;
d: nā te mauheretanga o ngā tāne 12, neke atu rānei i tērā, o Ngāti Maru ki ngā whare herehere i Te Waipounamu i runga i ngā take tōrangapū i pokerenoa ai te taimahatanga i utaina rā ki a rātou, ki ērā o hō rātou whānau, o hō rātou hapū hoki; ā,
e: ko ngā āhuatanga i pā ki hēnei mauhere ā-tōrangapū—
i: e hē ana, e takahi ana i te mātāpono me te tika, ka mutu, nā reira i unuhia ai hō rātou mana ā-tangata nei; ā,
ii: he takahanga i te Tiriti o Waitangi me hōna mātāpono.
11: E whakaae ana te Karauna—
a: i tino pāhua kinotia e ia te pā o Parihaka, ka mutu i tūkino ia i ngā mana tangata o te iwi e noho ana ki reira i te pāhuatanga o te pā e ia, i tōna nohonga hoki ki te pā i muri mai;
b: i kawhakina e ia ngā tāngata tokomaha e noho ana ki reira, i hoepapatia, i hāparutia hoki e ia hō rātou whare me hō rātou whare tapu, i tāhaetia ngā taonga tuku iho, i āta whai mahere ki te hoepapa i ngā māra nui me ngā kararehe, ka mutu i whakahaere ia i te tomokanga ki te pā o Parihaka;
c: ko ana mahi te mutunga kē mai o te takahi i te mana o te Māori ki te whakawhanake, ki te taupua hoki i ngā hapori e whai ana i te mana motuhake i runga i te maungārongo; ā,
d: kīhei i tika, he tūkino ā-ture hoki tana mahi ki te iwi o Ngāti Maru ki Parihaka, ka mutu he takahanga hēnei mahi i te Tiriti o Waitangi me hōna mātāpono.
12: E whakaae ana te Karauna kāore ia i whakawehe i te urupā ki Pohohitoa i rāhuitia ai i te whakaaetanga hoko mō Pukemahoe i te tau 1874. E whakaae ana hoki te Karauna i te tekau tau 1890 i wea ha ia, i mahi hoki ha ia i tētehi rori kia takoto i taua wāhi i runga i te mōhio i reira tētehi urupā. Kāore tērā i āta tiaki i ngā pānga o te Māori, ka mutu he takahi tērā i te Tiriti o Waitangi me hōna mātāpono. E whakaae ana anō hoki te Karauna i hahua ngā kōiwi o ngā tūpāpaku o Ngāti Maru i te hanganga, me te aha i pā te mamae nui rawa atu ki a Ngāti Maru.
13: E whakaae ana te Karauna—
a: i iti iho i te kotahi ōrau o ngā whenua i hokona ai e ia i te tekau tau 1879, ka rāhuitia mō Ngāti Maru, ā, nō te taenga mai ki te tīmatanga o te rautau rua tekau kua kore he whenua o te tokomaha o Ngāti Maru;
b: he pōturi tana urupare ki te kino o korenga o ngā whenua o Ngāti Maru, ā, i muri i tā Pāremata whakamana i te ture e whai whakaritenga ana mō te korenga o ngā whenua o Ngāti Maru, nō te tau 1915 rā anō te Karauna tuku ai i te 2,000 eka i raupatua ai e ia i mua;
c: inā kē te kino o te pānga o te korenga o ngā whenua ki te oranga ā-pāpori, ā-ahurea, ā-wairua hoki o Ngāti Maru, me te aha kua rongo te iwi i te taimaha e pā ana ki te oha-pori; ā,
d: ko tana korenga i whai kia rawaka i ngā whenua i mau tonu rā i ha Ngāti Maru ngā hiahia matua o te wā, o muri ake nei hoki he takahanga i te Tiriti o Waitangi me hōna mātāpono.
14: E whakaae ana te Karauna he tupuna te awa o Waitara ki te iwi o Ngāti Maru, ā, tae noa atu ki te whiore o te tekau tau 1970, inā kē te kino o te parahanga i te awa o Waitara nā te para o te wai tukanga-kore mai i ngā rawa whakanao me ngā pāmu kau, ka mutu nā ngā parapara i te whare patu kararehe he rite tonu te ‘rerenga wherowero’ o te awa. E whakaae ana hoki te Karauna nā te unuhanga o te kirikiri i te awa o Waitara, nā te tuangahere hoki i tana hikuwai i whai wāhi ki te hekenga o te kounga o te hauropi o te awa, o te kounga o te wai, me hētehi kai o te wai, ka mutu nā ērā i nui ai te āwangawanga o Ngāti Maru.
15: E whakaae ana te Karauna, ko ana takahanga i te Tiriti o Waitangi me hōna mātāpono i te rautau tekau mā iwa me te rautau rua tekau i tino tukituki ki ngā āhuatanga tuku iho o Ngāti Maru e pā ana ki te rangatiratanga me te mātauranga, ki ngā tikanga me ngā mahinga toi e hāngai ana ki te oranga tonutanga me te whanaketanga o aua tikanga rā, i whakararuraru hoki i tō rātou kaha ā-ōhanga, i tuku anō hoki kia whakaraerae te oranga ā-tinana, ā-ahurea, ā-wairua hoki o te iwi. E whakaae ana te Karauna ko tana korenga i tiaki i te rangatiratanga o Ngāti Maru tētehi takahanga i hōna herenga e ai ki te Wāhanga Tuarua o te Tiriti o Waitangi, me te aha inā kē te roa me te kaha o tā Ngāti Maru rongo i te korenga rānei o hō rātou whenua taurikura, i te motunga rānei o tō rātou here ki reira.
16: E whakaae ana te Karauna kua tino whai wāhi atu ngā whenua me hētehi atu rawa i raupatua ai i ha Ngāti Maru ki te whairawa me te whanaketanga o te rohe o Taranaki, o Aotearoa whānui hoki.
10: Apology
The text of the apology offered by the Crown to Ngāti Maru, as set out in the deed of settlement, is as follows:
“(a): For generations, Ngāti Maru’s relationship with the Crown has been characterised by the loss of land, of life, and of identity.
b: The Crown’s many breaches of te Tiriti o Waitangi/the Treaty of Waitangi left Ngāti Maru feeling like refugees in their own homeland.
c: Accordingly, to the tūpuna, descendants, hapū, and whānau of Ngāti Maru, the Crown offers the following long-overdue apology:
d: The Crown regrets its actions that led to the outbreak of war in Taranaki, and apologises for the destructive and demoralising effects these actions had upon Ngāti Maru peoples.
e: For its unjust raupatu in Taranaki, the Crown apologises unreservedly. Its confiscation of half of the rohe of Ngāti Maru was indiscriminate and unwarranted, and the Crown deeply regrets this confiscation without cause
f: For the suspension of the ordinary course of law and the unjust treatment and exile of Ngāti Maru peoples imprisoned for taking part in campaigns of peaceful resistance, the Crown expresses profound remorse and apologises.
g: For its unconscionable actions at Parihaka and the ensuing hardship and heartache Ngāti Maru peoples suffered as a result, the Crown is deeply sorry.
h: For those actions which rendered your iwi almost completely landless, severed your connection to your whenua, and inflicted economic hardship and suffering on generations of your people, the Crown sincerely apologises.
i: And for the ways the Crown’s breaches of te Tiriti o Waitangi/the Treaty of Waitangi have threatened your Marutanga, offended against your ancestors, undermined your communities and your leadership, and compromised your cultural and spiritual well-being, the Crown humbly apologises.
j: The Crown recognises that the resilience of Ngāti Maru iwi is connected intrinsically to the whenua, awa, and taonga of their rohe. Through this settlement, and with this apology, the Crown commits to building an enduring relationship of mutual trust, respect and cooperation with Ngāti Maru based on te Tiriti o Waitangi/the Treaty of Waitangi and its principles.” He Whakapāha
“(a): Ko te whakaahuatanga o te hononga i waenga i ha Ngāti Maru me te Karauna, i ngā whakatupuranga e hia nei, ko te rironga o te whenua, o te tangata, o te tuakiri hoki.
b: Nā ngā takahanga maha a te Karauna i te Tiriti o Waitangi i haere manene ai a Ngāti Maru i tō rātou anō kāinga tupu.
c: Nō reira, e whakapuaki ana te Karauna i tēnei whakapāha tōmuri rawa e whai ake nei ki ngā tūpuna, ki ngā uri whakatupu, ki ngā hapū, ki ngā whānau hoki o Ngāti Maru:
d: E whakapāha ana te Karauna mō hāna mahi i pakaru ai te pakanga ki Taranaki, ā, e whakapāha ana hoki ia mō te orotā me te whakakiwakiwa o ngā pānga mai i hēnei mahi ki ngā tāngata o Ngāti Maru.
e: E whakapāha kau ana te Karauna mō te tūkino ā-ture o tana raupatu i Taranaki. Matapōkere ana te raupatu kurī noa o tētehi haurua o te rohe o Ngāti Maru, ā, e tino whakapāha ana te Karauna i tēnei raupatu take kore
f: Inā kē te hinapōuri o te Karauna, ā, e whakapāha ana ia mō te tārewatanga o te rerenga māori noa o te ture, mō te tūkino ā-ture o tana mahi, o tana whakamanene hoki i ngā uri o Ngāti Maru i mauheretia ai mō tā rātou whai wāhi atu ki ngā kaupapa o te papare i runga i te maungārongo.
g: E tino whakapāha rawa atu ana te Karauna mō ana mahi tūkino i Parihaka, mō ngā uauatanga me ngā mamaetanga hoki i pā rā ki ngā uri o Ngāti Maru i muri mai nā aua mahi rā.
h: E houtupu ana te whakapāha a te Karauna mō aua mahi nā reira tō koutou iwi i tata kore ai e whai whenua, i motu ai tō koutou hononga ki ō koutou whenua, i pā kinotia ai te hia nei whakatupuranga o tō koutou iwi e te uaua me te ngau kino ā-ōhanga.
i: E whakapāha ana te Karauna i runga i te ngākau whakaiti mō te āhua o tā ngā takahanga a te Karauna i te Tiriti o Waitangi whakatumatuma i tō koutou Marutanga, mō ana hara ki ō koutou tūpuna, mō tana tukituki ki ō koutou hapori me ō koutou rangatira, mō te whakararuraru hoki i te oranga ā-ahurea me te oranga ā-wairua.
j: E whakaae ana te Karauna ko te kaha o te iwi o Ngāti Maru ki te whakaora anō i ha ia e tino whai hononga ana ki te whenua, ki te awa me ngā taonga o tō rātou rohe. Mā tēnei whakataunga, mā tēnei whakapāha hoki, ka ū te Karauna ki te tuitui i tētehi hononga taimau ki a Ngāti Maru i runga i te pono o tētehi ki tētehi, i te whakaaro nui me te mahi tahi, i runga hoki i te Tiriti o Waitangi me hōna mātāpono.” Interpretation provisions
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
1: In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Commissioner of Crown Lands section 24AA consent authority section 2(1) conservation area section 2(1) conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) cultural redress property section 43 deed of recognition
a: means a deed of recognition issued under section 38
i: the Minister of Conservation and the Director-General; or
ii: the Commissioner of Crown Lands; and
b: includes any amendments made under section 38(4) deed of settlement
a: means the deed of settlement dated 27 February 2021 and signed by—
i: the Honourable Andrew James Little, Minister for Treaty of Waitangi Negotiations, and the Honourable Grant Murray Robertson, Minister of Finance, for and on behalf of the Crown; and
ii: Andrew (Anaru) Waiora Marshall, Nathan Dean Peri, Jamie Tuuta, Paretutaki Hayward-Howie, and Rowena Ramari Henry, for and on behalf of Ngāti Maru; and
iii: Holden Brent Hohaia, Tamzyn Rose Pue, Bronwyn Puata-Koroheke, Eileen Sandra Hall, Samuel Hamiora Tamarapa, and Raymond William Tuuta, being the trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deferred selection property section 106 Director-General documents schedule effective date exclusive RFR area exclusive RFR land section 121 freshwater fisheries management plan section 2(1) historical claims section 14 interest licensed land
a: means the property described in part 3 of the property redress schedule; but
b: excludes—
i: trees growing, standing, or lying on the land; and
ii: improvements that have been—
A: acquired by a purchaser of the trees on the land; or
B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land LINZ local authority section 5(1) member of Ngāti Maru section 13(1)﻿(a) national park management plan section 2 property redress schedule record of title section 5(1) regional council section 2(1) Registrar-General section 5(1) representative entity
a: the trustees; and
b: any person, including any trustee, acting for or on behalf of—
i: the collective group referred to in section 13(1)﻿(a)
ii: 1 or more members of Ngāti Maru; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)﻿(c) reserve section 2(1) reserve property section 43 resource consent section 2(1) RFR subpart 4 RFR date section 120 RFR land section 122 settlement date shared RFR land section 120 statutory acknowledgement section 29 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA
b: includes a proposed plan, as defined in section 43AAC Tahora Bus Stop property section 120 Te Kāhui Maru Trust: Te Iwi o Maruwharanui tikanga trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui trustees working day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Taranaki and Wellington.
2: In this Act, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property.
13: Meaning of Ngāti Maru
1: In this Act, Ngāti Maru
a: means the collective group composed of individuals who are descended from an ancestor of Ngāti Maru; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals.
2: In this section and section 14 ancestor of Ngāti Maru
a: exercised customary rights by virtue of being descended from—
i: Maruwharanui; or
ii: any other recognised ancestor of a group referred to in part 9 of the deed of settlement; and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 area of interest customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption.
14: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2)
b: includes the claims described in subsection (3)
c: does not include the claims described in subsection (4)
2: The historical claims are every claim that Ngāti Maru or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from the Treaty of Waitangi or its principles; or
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by or on behalf of the Crown; or
ii: by or under legislation.
3: The historical claims include—
a: a claim to the Waitangi Tribunal that relates exclusively to Ngāti Maru or a representative entity, including each of the following claims, to the extent that subsection (2)
i: Wai 136 (Ngāti Maru Land claim):
ii: Wai 1609 (Ngāti Maru (Burrows and Hohaia) claim); and
b: every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2)
i: Wai 54 (Ngā Iwi o Taranaki claim):
ii: Wai 126 (Motunui Plant and Petrocorp claim):
iii: Wai 131 (Taranaki Māori Trust Board claim):
iv: Wai 134 (Taranaki Iwi Land claim):
v: Wai 139 (Taranaki Lands Confiscation claim):
vi: Wai 143 (Taranaki claims):
vii: Wai 583 (Te Iwi o Ngāti Maru Inc. claim):
viii: Wai 889 (Kaitiaki Tangata o Te Whenua Tapu claim):
ix: Wai 2158 (Descendants of Tamakehu claim):
x: Wai 2159 (Ngaa Ariki (Moffitt) claim):
xi: Wai 2317 (Te Puranga (Rata Pue) Crown Minerals claim).
4: However, the historical claims do not include—
a: a claim that a member of Ngāti Maru, or a whānau, hapū, or group referred to in section 13(1)﻿(c)
b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a)
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed
15: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2)
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) Amendment to Treaty of Waitangi Act 1975
16: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Ngāti Maru (Taranaki) Claims Settlement Act 2022, section 15(4) and (5) 2022-03-31 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2)
a: to a cultural redress property; or
b: to the licensed land; or
c: to the exclusive RFR land referred to in section 121(a)
d: to land in the exclusive RFR area; or
e: to shared RFR land; or
f: to the Tahora Bus Stop property; or
g: for the benefit of Ngāti Maru or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ
18: Resumptive memorials to be cancelled
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the record of title for, each allotment that—
a: is all or part of—
i: a cultural redress property:
ii: the licensed land:
iii: shared RFR land:
iv: the Tahora Bus Stop property:
v: the exclusive RFR land referred to in section 121(a)
b: is solely within the exclusive RFR area; and
c: is subject to a resumptive memorial recorded under an enactment listed in section 17(2)
2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
a: the settlement date, for a cultural redress property, the licensed land, the exclusive RFR land referred to in section 121(a)
b: the relevant RFR date, for shared RFR land or the Tahora Bus Stop property.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each record of title identified in the certificate; and
b: cancel each memorial recorded under an enactment listed in section 17(2) Effect of Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
19: Land subject to Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
1: This section applies if, at the time land is vested or transferred in accordance with this Act, the description of the land includes, or may include, part of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
2: Despite any other provision in this Act or the deed,—
a: no part of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
b: the conservation status declared by section 42(1)﻿(a) or (c)
c: any conservation status applied to the land does not apply to any part of the bed; and
d: section 42(2)
3: If the land is a cultural redress property, a written application under section 63 subpart 5
4: In respect of any other land, a transfer instrument must include a statement that this section applies and that the record of title for the land excludes all parts of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
5: The Registrar-General must, on receipt of a written application or a transfer instrument in respect of the land, note on the record or records of title that—
a: the land is subject to section 19
b: the land excludes all parts of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
6: A person may apply for the notations entered under subsection (5)
7: The Registrar-General must, as soon as is reasonably practicable after receiving the certificate, remove the notations entered under subsection (5)
8: If the licensed cadastral surveyor’s certificate relates to land that, immediately before its vesting or transfer under this Act, was subject to the Conservation Act 1987 Reserves Act 1977
9: Despite anything in the Land Transfer Act 2017 subsection (5)
10: In this section,— bed section 7 conservation status licensed cadastral surveyor section 4 Te Awa Tupua section 14 Whanganui River section 39
20: Act does not override Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Except as provided in section 19(2)﻿(b) and (d) Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 Miscellaneous matters
21: Limit on duration of trusts does not apply
1: A limit on the duration of a trust in any rule of law and a limit in the provisions of any Act, including section 16
a: do not prescribe or restrict the period during which—
i: Te Kāhui Maru Trust: Te Iwi o Maruwharanui may exist in law; or
ii: the trustees may hold or deal with property or income derived from property; and
b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if Te Kāhui Maru Trust: Te Iwi o Maruwharanui is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a)
22: Access to deed of settlement
The chief executive of the Office for Māori Crown Relations—Te Arawhiti must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at that Office in Wellington between 9 am and 5 pm on any working day; and
b: free of charge on an Internet site maintained by or on behalf of that Office.
2: Cultural redress
1: Protocols
23: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 24(1) or (2)
i: the primary industries protocol:
ii: Appendix B of the Whakaaetanga Tiaki Taonga:
b: includes any amendments made under section 24(3) responsible Minister Whakaaetanga Tiaki Taonga General provisions applying to protocols
24: Issuing, amending, and cancelling protocols
1: The responsible Minister must issue the primary industries protocol to the trustees on the terms set out in part 3 of the documents schedule.
2: Appendix B of the Whakaaetanga Tiaki Taonga must be treated as having been issued by the responsible Minister for that protocol on the terms set out in part 4.3 of the documents schedule.
3: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
4: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
25: Protocols subject to rights, functions, and duties
A protocol does not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of the responsible Minister or a department of State; or
c: the legal rights of Ngāti Maru or a representative entity.
26: Enforcement of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950
3: Despite subsection (2)
4: To avoid doubt,—
a: subsections (1) and (2)
b: subsection (3) subsection (2) Primary industries
27: Primary industries protocol
1: The chief executive of the Ministry for Primary Industries must note a summary of the terms of the primary industries protocol in any fisheries plan that affects the primary industries protocol area.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The primary industries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Maori Commercial Aquaculture Claims Settlement Act 2004
c: the Maori Fisheries Act 2004
d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4: In this section,— fisheries plan section 11A primary industries protocol area Taonga tūturu
28: Appendix B of Whakaaetanga Tiaki Taonga
1: Appendix B of the Whakaaetanga Tiaki Taonga does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: In this section, taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1)
2: Statutory acknowledgement and deeds of recognition
29: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Ngāti Maru of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 1 of the documents schedule statutory acknowledgement section 30 statutory area Schedule 1 Statutory acknowledgement
30: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
31: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 32 to 34
b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 35 and 36
c: to enable the trustees and any member of Ngāti Maru to cite the statutory acknowledgement as evidence of the association of Ngāti Maru with a statutory area, in accordance with section 37
32: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) Resource Management Act 1991
33: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274
3: Subsection (2) Resource Management Act 1991
34: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: This section applies to an application made under section 44 56 61
2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62
3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
a: in determining whether the trustees are persons directly affected by the decision; and
b: in determining, under section 59(1) 64(1)
4: In this section, archaeological site section 6
35: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include—
a: a copy of sections 30 to 34 36 37
b: descriptions of the statutory areas wholly or partly covered by the plan; and
c: the statement of association for each statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
36: Provision of summary or notice to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: A summary provided under subsection (1)﻿(a) section 95B(4)
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)﻿(b)
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
37: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Maru may, as evidence of the association of Ngāti Maru with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga; or
d: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, because of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1)
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2)
4: To avoid doubt,—
a: the trustees and members of Ngāti Maru are not precluded from stating that Ngāti Maru has an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made. Deeds of recognition
38: Issuing and amending deeds of recognition
1: This section applies in respect of the statutory areas listed in Part 2 of Schedule 1
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 2.1 of the documents schedule for the statutory areas administered by the Department of Conservation.
3: The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 2.2 of the documents schedule for the statutory areas administered by the Commissioner.
4: The person or persons who issue a deed of recognition may amend the deed, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deeds of recognition
39: Application of statutory acknowledgement and deed of recognition to river or stream
1: If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: an artificial watercourse.
2: Despite subsection (1)﻿(b)﻿(i)
a: Tāngarākau River and its tributaries within the area of interest:
b: Whangamōmona River and its tributaries.
3: If any part of a deed of recognition applies to a river or stream, including a tributary, that part of the deed—
a: applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned and managed by the Crown; or
ii: the bed of an artificial watercourse.
4: In this section, Te Awa Tupua section 14
40: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Maru with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
3: Subsection (2) subsection (1)
4: This section is subject to—
a: the other provisions of this subpart; and
b: any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition.
41: Rights not affected
1: The statutory acknowledgement and a deed of recognition—
a: do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and
b: do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991
42: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Ngāti Maru (Taranaki) Claims Settlement Act 2022 2022-03-31 Resource Management Act 1991
3: Vesting of cultural redress properties
43: Interpretation
In this subpart,— cultural redress property Schedule 2 Properties vested in fee simple
a: Former Matau School House property:
b: Former Tarata School House property:
c: Former Tarata School property:
d: Purangi Domain property:
e: Tahora Railways property:
f: Tarawai property:
g: Te Kerikeringa – Toetoe Road property: Properties vested in fee simple to be administered as reserves
h: Pūrangi property:
i: Stratford Railway Strip property:
j: Tāngarākau River property:
k: Tarata Domain property:
l: Tarata property:
m: Te Kerikeringa – River property:
n: Waitara River No 3 property:
o: Whangamōmona River property: Property jointly vested in fee simple to be administered as reserve
p: Tāngarākau marginal strip property joint management body section 69 Ngāti Hāua governance entity Ngāti Hāua settlement legislation
a: settles the historical claims of Ngāti Hāua; and
b: provides for the vesting of an undivided half share of the fee simple estate in the Tāngarākau marginal strip property in the Ngāti Hāua governance entity reserve property paragraphs (h) to (p) Properties vested in fee simple
44: Former Matau School House property
The fee simple estate in the Former Matau School House property vests in the trustees.
45: Former Tarata School House property
The fee simple estate in the Former Tarata School House property vests in the trustees.
46: Former Tarata School property
The fee simple estate in the Former Tarata School property vests in the trustees.
47: Purangi Domain property
1: The reservation of the Purangi Domain property as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Purangi Domain property vests in the trustees.
48: Tahora Railways property
The fee simple estate in the Tahora Railways property vests in the trustees.
49: Tarawai property
1: The Tarawai property ceases to be a conservation area under the Conservation Act 1987.
2: The fee simple estate in the Tarawai property vests in the trustees.
50: Te Kerikeringa – Toetoe Road property
The fee simple estate in the Te Kerikeringa – Toetoe Road property vests in the trustees. Properties vested in fee simple to be administered as reserves
51: Pūrangi property
1: The reservation of the Pūrangi property (being Purangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Pūrangi property vests in the trustees.
3: The Pūrangi property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Pūrangi Scenic Reserve.
52: Stratford Railway Strip property
1: The fee simple estate in the Stratford Railway Strip property vests in the trustees.
2: The Stratford Railway Strip property is declared a reserve and classified as a local purpose (esplanade) reserve subject to section 23
3: The reserve is named Stratford Railway Strip Local Purpose Reserve.
4: The Stratford District Council is the administering body of the reserve and the Reserves Act 1977 section 26
53: Tāngarākau River property
1: The Tāngarākau River property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Tāngarākau River property vests in the trustees.
3: The Tāngarākau River property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Tāngarākau River Historic Reserve.
54: Tarata Domain property
1: The reservation of the Tarata Domain property as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Tarata Domain property vests in the trustees.
3: The Tarata Domain property is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Tarata Domain Recreation Reserve.
5: New Plymouth District Council is the administering body of the reserve, and the Reserves Act 1977
6: Despite section 41(1)
a: the management plan in force for the reserves administered by the Council in the area where the Tarata Domain property is located continues to apply to the Tarata Domain property; and
b: within 5 years of the settlement date, the Council and the trustees must jointly prepare and approve a separate management plan for the property.
7: Any improvements in or on the Tarata Domain property do not vest in the trustees, despite the vesting under subsection (2)
55: Tarata property
1: The Tarata property ceases to be a conservation area under the Conservation Act 1987.
2: The fee simple estate in the Tarata property vests in the trustees.
3: The Tarata property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Tarata Scenic Reserve.
56: Te Kerikeringa – River property
1: The reservation of the Te Kerikeringa – River property as a local purpose (cemetery) reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Kerikeringa – River property vests in the trustees.
3: The Te Kerikeringa – River property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Te Kerikeringa – River Scenic Reserve.
5: New Plymouth District Council is the administering body of the reserve, and the Reserves Act 1977 section 26
6: Despite section 41(1)
a: the management plan in force for the reserves administered by the Council in the area where the Te Kerikeringa – River property is located continues to apply to the Te Kerikeringa – River property; and
b: within 5 years of the settlement date, the Council and the trustees must jointly prepare and approve a separate management plan for the property.
7: To avoid doubt, the Te Kerikeringa – River property is not a cemetery for the purposes of the Burial and Cremation Act 1964
57: Waitara River No 3 property
1: The Waitara River No 3 property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waitara River No 3 property vests in the trustees.
3: The Waitara River No 3 property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Waitara River No 3 Historic Reserve.
58: Whangamōmona River property
1: The Whangamōmona River property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Whangamōmona River property vests in the trustees.
3: The Whangamōmona River property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Whangamōmona River Historic Reserve. Property jointly vested in fee simple to be administered as reserve
59: Tāngarākau marginal strip property
1: This section and section 69
a: the settlement date:
b: the settlement date under the Ngāti Hāua settlement legislation.
2: The Tāngarākau marginal strip property ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in the Tāngarākau marginal strip property vests as undivided half shares in the following as tenants in common:
a: a share vests in the trustees under this paragraph; and
b: a share vests in the Ngāti Hāua governance entity under the Ngāti Hāua settlement legislation.
4: The Tāngarākau marginal strip property is declared a reserve and classified as a historic reserve subject to section 18
5: The reserve is named Tāngarākau Historic Reserve.
6: The joint management body is the administering body of the reserve and the Reserves Act 1977 section 26 General provisions applying to vesting of cultural redress properties
60: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 2
61: Interests in land for certain reserve properties
1: This section applies to all or the part of each reserve property listed in subsection (2) Reserves Act 1977 reserve land
2: The reserve properties are—
a: the Stratford Railway Strip property; and
b: the Tarata Domain property; and
c: the Te Kerikeringa – River property; and
d: the Tāngarākau marginal strip property.
3: If the reserve property is affected by an interest in land listed for the property in Schedule 2
4: Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered owner of the reserve land.
5: Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 72.
62: Interests that are not interests in land
1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 2
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies.
3: If all or part of the cultural redress property is reserve land to which section 61 applies, the interest applies as if the administering body of the reserve land were the grantor of the interest in respect of the reserve land.
4: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
63: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3)
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the owners of the fee simple estate in the property; and
b: record any entry on the record of title and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.
4: Subsection (5) subsection (2)
5: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the names of the trustees; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
6: For the Tāngarākau marginal strip property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for an undivided half share of the fee simple estate in the property in the names of the trustees; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
7: Subsections (5) and (6)
8: A record of title must be created under this section as soon as is reasonably practicable after the date on which the property vests, but not later than—
a: 24 months after that date; or
b: any later date that is agreed in writing,—
i: in the case of a property other than the Tāngarākau marginal strip property, by the Crown and the trustees; or
ii: in the case of the Tāngarākau marginal strip property, by the Crown, the trustees, and the Ngāti Hāua governance entity.
9: In this section, authorised person
a: the chief executive of Land Information New Zealand, for the following properties:
i: Stratford Railway Strip property:
ii: Former Matau School House property:
iii: Former Tarata School property:
iv: Former Tarata School House property:
v: Tahora Railways property; and
b: the chief executive of the Office for Māori Crown Relations—Te Arawhiti for the Te Kerikeringa – Toetoe Road property; and
c: the Director-General, for all other properties.
64: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24
4: Subsections (2) and (3) subsection (1)
65: Matters to be recorded on record of title
1: The Registrar-General must record on the record of title,—
a: for a reserve property (other than the Tāngarākau marginal strip property),—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to—
A: sections 64(3) 70
B: section 61(4)
b: created under section 63(6)
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 61(4) 64(3) 70
c: for any other cultural redress property, that the land is subject to Part 4A
2: A notation made under subsection (1) Part 4A section 24D(1)
3: For a reserve property (other than the Stratford Railway Strip property, the Tāngarākau marginal strip property, the Tarata Domain property, and the Te Kerikeringa – River property), if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations that—
i: section 24
ii: the property is subject to sections 64(3) 70
b: part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a)
4: For the Stratford Railway Strip property, the Tāngarākau marginal strip property, the Tarata Domain property, and the Te Kerikeringa – River property,—
a: if the property remains a reserve but no longer has an administering body that is treated as if the land were vested in it, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notation that the property is subject to section 61(4)
b: if the reservation of the property under this subpart is revoked for—
i: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations that—
A: section 24
B: the property is subject to sections 64(3) 70
C: the property is subject to section 61(4) paragraph (a)
ii: part of the property, the Registrar-General must ensure that the notations referred to in subparagraph (i)
5: The Registrar-General must comply with an application received in accordance with subsections (3)﻿(a) and (4)﻿(a) or (b)﻿(i)
66: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
67: Names of Crown protected areas discontinued
1: Subsection (2)
2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties
68: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property, except as provided for in sections 52 54 56 59
2: Sections 78(1)﻿(a) 79 to 81 88
3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2) section 25
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property must not have a name assigned to it or have its name changed under section 16(10) section 16(10A)
6: Despite subsection (2) sections 78(1)﻿(a) 79 to 81 88
a: the Tarata Domain property and the Te Kerikeringa – River property, while New Plymouth District Council is the administering body:
b: the Stratford Railway Strip property, while Stratford District Council is the administering body.
69: Joint management body for Tāngarākau marginal strip property
1: A joint management body is established for the Tāngarākau marginal strip property.
2: The following are appointers for the purposes of this section:
a: the trustees; and
b: the Ngāti Hāua governance entity.
3: Each appointer may appoint 2 members to the joint management body.
4: A member is appointed only if the appointer gives written notice with the following details to the other appointers:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date of the notice.
5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
6: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
7: Sections 32 to 34
8: However, the first meeting of the body must be held no later than 2 months after the date the property vests under section 59
70: Subsequent transfer of reserve land
1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977
2: The fee simple estate in the reserve land in the Tāngarākau marginal strip property may be transferred only in accordance with section 72
3: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 71 72
4: In this section and sections 71 to 73 reserve land subsection (1)
71: Transfer of reserve land to new administering body
1: The registered owners of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners
2: The Minister of Conservation must give written consent to the transfer if the registered owners satisfy the Minister that the new owners are able—
a: to comply with the requirements of the Reserves Act 1977
b: to perform the duties of an administering body under that Act.
3: The Registrar-General must, upon receiving the required documents, register the new owners as the owners of the fee simple estate in the reserve land.
4: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: the written consent of the administering body of the reserve land, if the trustees are transferring the reserve land but are not the administering body; and
d: any other document required for the registration of the transfer instrument.
5: The new owners, from the time of their registration under this section,—
a: are the administering body of the reserve land; and
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
6: A transfer that complies with this section need not comply with any other requirements.
72: Transfer of reserve land if trustees change
The registered owners of the reserve land may transfer the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' lawyer, verifying that paragraphs (a) and (b)
73: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
74: Saving of bylaws, etc, in relation to reserve properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977
4: Natural resources
75: Interpretation
In this subpart,— conservation land
a: vested in the Crown or held in fee simple by the Crown; and
b: held, managed, or administered by the Department of Conservation under the conservation legislation conservation legislation Conservation Act 1987 former riverbed
a: natural changes in the flow of the river, tributary, stream, or other natural watercourse; or
b: artificial diversion of water from the river, tributary, stream, or other natural watercourse Maru Taiao area Maru Taiao plan section 77 mining section 2(1) pākohe pūrangi relevant area
a: is within the area of interest; and
b: is not included in Schedule 4
c: is not part of the Whanganui River or its tributaries (Te Awa Tupua) relevant department section 5 relevant local authority Resource Management Act 1991 planning document Resource Management Act 1991
a: a district plan:
b: a proposed district plan:
c: a regional plan:
d: a proposed regional plan:
e: a regional policy statement:
f: a proposed regional policy statement riverbed Waitara River Authority section 32(14) Waitara River Committee section 32 Maru Taiao area
76: Acknowledgement of association
The Crown acknowledges—
a: the long-standing traditional, cultural, and historical association of Ngāti Maru with the Maru Taiao area; and
b: the Ngāti Maru statement of association with the Maru Taiao area, the text of which is set out in part 1 of the documents schedule.
77: Purpose of Maru Taiao plan
The purpose of a Maru Taiao plan is to identify—
a: the values and principles of Ngāti Maru in relation to the Maru Taiao area; and
b: the resource management issues of significance to Ngāti Maru in relation to the Maru Taiao area.
78: Maru Taiao plan may be lodged with relevant local authority
The trustees may from time to time prepare a Maru Taiao plan and lodge it with the relevant local authority.
79: Effect of Maru Taiao plan
1: This section applies when a relevant local authority is preparing or reviewing a statutory plan.
2: The relevant local authority must take into account any Maru Taiao plan lodged with it, to the extent that the plan’s content has a bearing on the resource management issues of the Maru Taiao area within the relevant local authority’s jurisdiction.
3: The relevant local authority must include in the statutory plan a statement of the resource management issues of significance to Ngāti Maru as set out in the Maru Taiao plan.
4: The relevant local authority must refer to the Maru Taiao plan to the extent that it is relevant in the evaluation under section 32
a: a proposed policy statement, as defined in section 43AA
b: a proposed plan, as defined in section 43AAC
80: Maru Taiao plan may be lodged with relevant department
1: The trustees may from time to time prepare a Maru Taiao plan and lodge it with a relevant department.
2: The relevant department with which a Maru Taiao plan is lodged must have regard to the plan when exercising any of its powers or performing any of its functions that relate to the purpose of the Maru Taiao plan (as set out in section 77
81: Limitation of rights
A Maru Taiao plan does not have the effect of granting or creating rights under the Marine and Coastal Area (Takutai Moana) Act 2011 Joint management agreement
82: Duty to make joint management agreement
A joint management agreement must be in force between Taranaki Regional Council and the trustees no later than 6 months after the settlement date, unless the parties agree to extend that period.
83: Scope
1: The joint management agreement—
a: must cover no other subject matter than matters relating to the Waitara River and activities within its catchment affecting the Waitara River:
b: must cover the matters referred to in section 84
c: may cover additional duties, functions, or powers agreed under section 94 95
2: In this subpart, Waitara River Waitara River catchment section 4
84: Contents
The joint management agreement must provide for Taranaki Regional Council and the trustees to work together in performing or exercising the following duties, functions, and powers:
a: monitoring and enforcement, under section 86
b: duties, functions, or powers under Part 6 section 87
c: preparation, review, change, or variation of a Resource Management Act 1991 section 88
d: monitoring of abandoned petroleum wells and notification of resource consents in relation to mining under section 89
85: Principles for development and operation
In working together to develop the joint management agreement, and in working together under the joint management agreement, Taranaki Regional Council and the trustees must act in a manner consistent with the following guiding principles:
a: they must promote the purpose of restoring and maintaining the quality and integrity of the waters that flow into and form part of the Waitara River for present and future generations:
b: they must respect the mana of Ngāti Maru:
c: they must recognise the intrinsic value of the Waitara River as a taonga:
d: they must reflect a shared commitment to—
i: working together in good faith and a spirit of co-operation:
ii: being open, honest, and transparent in their communications:
iii: using their best endeavours to ensure that the purpose of the joint management agreement is achieved in an enduring manner:
e: they must recognise that the joint management agreement operates within statutory frameworks and that complying with those statutory frameworks, meeting statutory timeframes, and minimising delays and costs are important.
86: Monitoring and enforcement
1: This section applies to monitoring and enforcement relating to the Waitara River and activities within its catchment affecting the Waitara River.
2: The part of the joint management agreement on monitoring and enforcement must provide for the Waitara River Committee to—
a: meet no less than twice each year to—
i: discuss and agree the priorities for the monitoring of those matters set out in section 35(2)﻿(a) to (e)
ii: discuss and agree the methods for and extent of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
iii: discuss the opportunities for the Waitara River Authorities to participate in the monitoring of those matters set out in section 35(2)﻿(a) to (e)
b: meet no less than twice each year to discuss appropriate responses to address the outcomes of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
i: the potential for review of Resource Management Act 1991
ii: enforcement under the Resource Management Act 1991
c: agree appropriate procedures for reporting back to the Waitara River Committee on the enforcement action taken by Taranaki Regional Council:
d: discuss and agree the role of the Waitara River Authorities in the 5-yearly review provided for in section 35(2A)
e: discuss the opportunities for persons nominated by the Waitara River Authorities to participate in enforcement action under the Resource Management Act 1991
3: The cost of carrying out the matters provided for in this section must be paid out of income payable to Taranaki Regional Council under subpart 2 section 33
87: Resource consent process
1: This section applies to applications to the Taranaki Regional Council for resource consent to—
a: dam, divert, take, or use water from or in the Waitara River:
b: discharge a contaminant or water into the Waitara River:
c: discharge a contaminant onto or into land in circumstances that will result in the contaminant entering the Waitara River:
d: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over the bed or banks of the Waitara River:
e: drill, excavate, tunnel, or otherwise disturb the bed or banks of the Waitara River:
f: introduce or plant a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waitara River:
g: deposit a substance in, on, or under the bed or banks of the Waitara River:
h: reclaim or drain the bed of the Waitara River:
i: enter onto or pass across the bed of the Waitara River:
j: damage, destroy, disturb, or remove a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waitara River:
k: damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed or banks of the Waitara River:
l: damage, destroy, disturb, or remove the habitats of animals or aquatic life in, on, or under the bed or banks of the Waitara River.
2: The part of the joint management agreement on the resource consent process must provide that—
a: Taranaki Regional Council must provide the Waitara River Authorities with information on the applications for resource consents that the Council receives:
b: the information must be provided as soon as is reasonably practicable after the application is received and before a determination is made under sections 95A to 95C
i: the same as would be given to affected persons through limited notification under section 95B
ii: the information that Taranaki Regional Council and the Waitara River Authorities agree on:
c: Taranaki Regional Council and the Waitara River Authorities must jointly develop and agree criteria to assist the Council’s decision-making under the following processes or sections of the Resource Management Act 1991
i: best practice for pre-application processes:
ii: section 87D
iii: section 88(3)
iv: section 91
v: section 92
vi: sections 95 to 95F
vii: sections 127 128
d: Taranaki Regional Council must actively encourage applicants to consult early with the Waitara River Authorities before lodging an application, including facilitating participation in pre-lodgement hui with iwi:
e: Taranaki Regional Council must give appropriate weight to any comments received from the Waitara River Authorities within agreed timeframes in making decisions on applications, in light of the requirement under section 6(e)
f: Taranaki Regional Council may use the Waitara River Committee as the forum to undertake any of the actions under this section.
3: The criteria developed and agreed under subsection (2)﻿(c)—
a: are additional to, and must not derogate from, the criteria that the Council must apply under the Resource Management Act 1991
b: do not impose a requirement on the Council to change, cancel, or review consent conditions.
4: Taranaki Regional Council and the Waitara River Authorities each bears their own costs of complying with this section.
88: Preparation, review, change, or variation of Resource Management Act 1991 planning document
1: This section applies to preparing, reviewing, changing, or varying a Resource Management Act 1991
2: The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991
a: how a Waitara River Authority may participate in the preparation or change of a policy statement or plan, including the use of any of the pre-notification, collaborative, or streamlined planning processes under Schedule 1
b: how Taranaki Regional Council will undertake consultation requirements, including the requirements of section 34A(1A) clause 4A
89: Engagement on abandoned petroleum wells and resource consents for mining activities
1: The joint management agreement must include a commitment from the Taranaki Regional Council to—
a: provide timely notice to the trustees of any environmental issues with abandoned petroleum wells within the rohe of Ngāti Maru which may come to the Council’s attention; and
b: acknowledge Ngāti Maru as an affected party regarding mining activities within the rohe of Ngāti Maru and provide timely notice to the trustees of receipt of any applications for consents relating to mining activities within the rohe and a summary of any application for such a consent.
2: The commitment in subsection (1) is limited to the extent that Taranaki Regional Council has a statutory role in relation to abandoned petroleum wells or mining activities, as the case may be.
90: Process for finalising agreement
Convening joint committee
1: Taranaki Regional Council and the trustees must convene, no later than 30 working days after the settlement date, a joint committee that will be responsible for the process of finalising the joint management agreement. Working together positively
2: Taranaki Regional Council and the trustees must work together in a positive and constructive manner to finalise the joint management agreement, with facilitation by the Crown, within the timeframe specified in section 82 section 85
3: Taranaki Regional Council and the trustees may resort to any facilitation, mediation, or other process that they consider to be appropriate in the process of finalising the joint management agreement. Advising Minister of progress
4: No later than 12 months after the settlement date, Taranaki Regional Council and the trustees must give written or electronic notice to the Minister for the Environment—
a: confirming that all matters relating to the joint management agreement have been agreed; or
b: stating that there are issues in dispute that the parties have not been able to resolve, the nature of the issues in dispute, and the position of the respective parties on the issues in dispute; or
c: notifying an agreement in writing under section 82
5: Where notice is given under subsection (4)﻿(a), that notice must also specify the date on which the joint management agreement is to come into force.
6: Where notice is given under subsection (4)﻿(b), the Minister for the Environment and the trustees, in consultation with Taranaki Regional Council, must work together to resolve the issues in dispute.
7: The process referred to in subsection (6) may continue for a period of no more than 2 months, unless otherwise agreed in writing by the Minister for the Environment and the trustees. Agreement finalised without ministerial involvement
8: If, at the end of 2 months, all matters relating to the joint management agreement have been agreed, Taranaki Regional Council and the trustees must finalise the joint management agreement and give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force. Agreement finalised with ministerial involvement
9: If, at the expiration of the 2-month period, there remains any issue in dispute in relation to the joint management agreement,—
a: the Minister for the Environment must make a determination on the issue in dispute; and
b: on the basis of that determination, the trustees and Taranaki Regional Council must finalise the joint management agreement and give written or electronic notice to the Minister for the Environment specifying the date on which the joint management agreement is to come into force.
10: In making any determination under subsection (9)﻿(a), the Minister for the Environment must have particular regard to the principles set out in section 85
11: The Minister for the Environment may appoint a facilitator or take any other action considered appropriate to promote the resolution of any issues in dispute between the trustees and Taranaki Regional Council.
12: Where notice has been given under subsection (4)﻿(c), not less than 4 months before the extended date by which a joint management agreement will be in force, the trustees and Taranaki Regional Council must give written or electronic notice to the Minister for the Environment—
a: confirming that—
i: all matters relating to the joint management agreement have been agreed; and
ii: the joint management agreement will be in force on the extended date; or
b: stating that there are issues in dispute that the parties have not been able to resolve, the nature of the issues in dispute, and the position of the respective parties on the issues in dispute.
13: If notice is given under subsection (12)﻿(b), the Minister for the Environment and the trustees, in consultation with Taranaki Regional Council, must work together to resolve the issues in dispute, and subsections (6) to (11) apply with any necessary modification. Agreement may come into force in stages
14: The trustees and Taranaki Regional Council may agree that a joint management agreement is to come into force in stages. Minister must get copy of agreement
15: When the trustees and Taranaki Regional Council give notice to the Minister of the date on which the joint management agreement is to come into force, they must also give the Minister a copy of the agreement.
91: Suspension
1: The trustees and Taranaki Regional Council may agree in writing to suspend, in whole or in part, the operation of the joint management agreement.
2: The parties must specify the scope and duration of any suspension agreed under subsection (1).
92: Waiver of rights
1: The trustees may give written or electronic notice to Taranaki Regional Council that they waive any rights provided for under the joint management agreement.
2: The trustees must specify the extent and duration of any waiver notified under subsection (1).
3: The trustees may at any time revoke a notice of waiver by written or electronic notice to Taranaki Regional Council.
93: Legal framework
1: Sections 36B to 36E
2: The performance or exercise of a duty, function, or power under the joint management agreement has the same legal effect as if it were performed or exercised by Taranaki Regional Council.
3: Taranaki Regional Council must not use the special consultative procedure under section 83
4: The joint management agreement is enforceable between the parties to it.
5: Neither party has the right to terminate the joint management agreement.
94: Extension
1: The trustees and Taranaki Regional Council may agree to extend the joint management agreement to cover any other duties, functions, or powers.
2: If the parties agree to extend the joint management agreement to cover additional duties, functions, or powers, subsections (3) to (6) apply.
3: The extended part of the joint management agreement is subject to sections 83 to 85 91 to 93
4: Despite section 93(5)
5: Before either party exercises the right in subsection (4), the parties must work together to resolve the issue giving rise to the wish to terminate, in a manner consistent with the principles set out in section 85
6: Termination under subsection (4) does not affect the remaining part of the joint management agreement.
95: Review and amendment
1: The trustees and Taranaki Regional Council may at any time agree in writing to undertake a review of the joint management agreement.
2: If, as a result of a review, the parties agree in writing that the joint management agreement should be amended, they may amend the joint management agreement without further formality.
3: If the joint management agreement is amended, the parties must—
a: give written or electronic notice of the amendment to the Minister for the Environment; and
b: provide a copy of the amended joint management agreement to the Minister for the Environment.
96: Other powers not affected
The provisions of this Act relating to joint management agreements do not preclude Taranaki Regional Council from—
a: making any other joint management agreement with the trustees under the Resource Management Act 1991
b: making any other co-management arrangement with the trustees under any enactment:
c: making a transfer or delegation to the trustees under any enactment.
97: Exercise of powers in certain circumstances
1: This section applies if—
a: a statutory function or power is affected by a joint management agreement; and
b: either—
i: an emergency situation arises; or
ii: a statutory timeframe for the carrying out of the function or the exercise of the power cannot be complied with under the joint management agreement.
2: Taranaki Regional Council may perform the function or exercise the power on its own account and not in accordance with the joint management agreement.
3: As soon as practicable, Taranaki Regional Council must give the trustees written or electronic notice of the performance of the function or the exercise of the power. Cultural materials plan
98: Duty to make cultural materials plan
1: The Minister of Conservation and the trustees must agree to a cultural materials plan no later than 5 years after the settlement date.
2: The plan must set out—
a: how the trustees will provide a member of Ngāti Maru with written authorisation to collect the following cultural materials from conservation land within the area of interest:
i: pākohe and pūrangi:
ii: flora material; and
b: the circumstances in which members of Ngāti Maru may possess dead protected wildlife.
3: In this section and in section 99 section 3 section 5
99: Possession of protected wildlife
Despite anything to the contrary contained or implied in the Wildlife Act 1953 section 98 Minerals
100: Acknowledgement of association
The Crown acknowledges—
a: the long-standing cultural, historical, spiritual, and traditional association of Ngāti Maru with pākohe and pūrangi; and
b: the Ngāti Maru statements of association with pākohe and pūrangi, in the form set out in part 1 of the documents schedule.
101: Authorisation to search for and remove Crown-owned pākohe and pūrangi
1: A member of Ngāti Maru who has written authorisation from the trustees may, in accordance with the Ngāti Maru cultural materials plan agreed to in accordance with section 98
a: search by hand for Crown-owned pākohe or pūrangi in the relevant area:
b: remove by hand Crown-owned pākohe or pūrangi from the relevant area.
2: A person who removes Crown-owned pākohe or pūrangi under subsection (1) may also remove from the relevant area, by hand, any other minerals that are—
a: bound to the pākohe or pūrangi; or
b: reasonably necessary for working the pākohe or pūrangi by traditional methods.
3: A person who removes Crown-owned pākohe or pūrangi under subsection (1) must not,—
a: on any day, remove more than the person can carry by hand in 1 load without assistance; or
b: use machinery or cutting equipment to remove the pākohe or pūrangi.
4: Subsection (1) does not apply to any part of a riverbed or former riverbed that is—
a: an ecological area declared under section 18
b: an archaeological site (as defined by section 6
102: Access to relevant area to search for and remove Crown-owned pākohe or pūrangi
1: A person who is authorised to search for Crown-owned pākohe or pūrangi in, and remove Crown-owned pākohe or pūrangi from, a relevant area under section 101
a: on foot; or
b: by any means that are available to the public; or
c: by any other means specified in writing by the Director-General.
2: The means of access under subsection (1)﻿(c) is subject to any conditions specified in writing by the Director-General.
103: Obligations if accessing relevant area
A person who accesses a relevant area under section 101 102
104: Relationship with other enactments
1: A person exercising a right under section 101 102 Resource Management Act 1991
2: However,—
a: a person may exercise a right under section 101 102
b: a permit is not required under section 8(1)﻿(a) section 101(1)
3: Any activity that is not authorised under section 101(1) section 8(1)﻿(a)
105: Crown not to seek return or assert ownership of minerals removed
The Crown must not seek the return of, or assert ownership interests in, the minerals removed by an authorised person in accordance with section 101
3: Commercial redress
106: Interpretation
In subparts 1 to 4 Crown forest land section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the licensed land, means the licence described in the third column of the table in part 3 of the property redress schedule Crown forestry rental trust section 34 Crown forestry rental trust deed deferred selection property
a: means a property described in part 4 of the property redress schedule for which the requirements for transfer under the deed of settlement have been satisfied; and
b: includes a property described in subpart A of part 5 of the property redress schedule if—
i: clause 7.11 of the deed of settlement applies; and
ii: the requirements for transfer under the deed of settlement have been satisfied land holding agency
a: for the licensed land, in part 3 of the property redress schedule; or
b: for a deferred selection property,—
i: in part 4 of the property redress schedule; and
ii: in subpart A of part 5 of the property redress schedule if clause 7.11 of the deed of settlement applies licensee licensor protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 right of access section 117
1: Transfer of licensed land and deferred selection properties
107: The Crown may transfer properties
To give effect to part 7 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised—
a: to transfer the fee simple estate in the licensed land or a deferred selection property to the trustees; and
b: to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
108: Records of title for deferred selection properties
1: This section applies to a deferred selection property that is to be transferred under section 107
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a record of title for a fee simple estate; or
b: there is no record of title for the fee simple estate in all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the name of the Crown; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but
c: omit any statement of purpose from the record of title.
4: Subsection (3) is subject to the completion of any survey necessary to create a record of title.
5: In this section and sections 109 110 authorised person
109: Record of title for licensed land
1: This section applies to the licensed land that is to be transferred to the trustees under section 107
2: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title in the name of the Crown for the fee simple estate in the property; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but
c: omit any statement of purpose from the record of title.
3: Subsection (2) is subject to the completion of any survey necessary to create a record of title.
110: Authorised person may grant covenant for later creation of record of title
1: For the purposes of sections 108 109
2: Despite the Land Transfer Act 2017
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a record of title that records an interest; and
b: the Registrar-General must comply with the request.
111: Application of other enactments
1: This section applies to the transfer to the trustees of the fee simple estate in the licensed land or a deferred selection property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
6: In exercising the powers conferred by section 107
7: Subsection (6) is subject to subsections (2) and (3).
112: Transfer of properties subject to lease
1: This section applies to a deferred selection property—
a: for which the land holding agency is the Ministry of Education or the New Zealand Police; and
b: the ownership of which is to be transferred to the trustees; and
c: that, after the transfer, is to be subject to a lease back to the Crown.
2: Section 24
3: The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 113
4: The Registrar-General must, upon the registration of the transfer of the property, record on any record of title for the property that—
a: the land is subject to Part 4A section 24
b: the land is subject to section 113
5: A notation made under subsection (4) that land is subject to Part 4A section 24D(1)
113: Requirements if lease terminates or expires
1: This section applies if the lease referred to in section 112(1)﻿(c)
2: The transfer of the property is no longer exempt from section 24
3: The registered owners of the property must apply in writing to the Registrar-General,—
a: if no part of the property remains subject to such a lease, to remove from the record of title for the property the notations that—
i: section 24
ii: the property is subject to this section; or
b: if only part of the property remains subject to such a lease (the leased part
i: section 24
ii: that part is subject to this section.
4: The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant.
2: Licensed land
114: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989
115: Trustees are confirmed beneficiaries and licensors of licensed land
1: The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under a Crown forestry licence since the commencement of the licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries in relation to the licensed land.
3: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
4: Notice given by the Crown under subsection (3) has effect as if—
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation became final on the settlement date.
5: The trustees are the licensors under each Crown forestry licence as if the licensed land were returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)﻿(b)
116: Effect of transfer of licensed land
Section 115
3: Access to protected sites
117: Right of access to protected sites
1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special cultural, historical, or spiritual significance to have access across the land to each protected site.
2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: The right of access is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access that are reasonably required—
i: for the safety of people; or
ii: for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: for operational reasons.
118: Right of access over licensed land
1: A right of access over licensed land is subject to the terms of any Crown forestry licence.
2: However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.
3: An amendment to a Crown forestry licence is of no effect to the extent that it would—
a: delay the date from which a person may exercise a right of access; or
b: adversely affect a right of access in any other way.
119: Right of access to be recorded on records of title
1: This section applies to the transfer to the trustees of any licensed land.
2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
3: The Registrar-General must, upon the registration of the transfer of the land, record on any record of title for the land that the land is subject to a right of access to protected sites on the land.
4: Right of first refusal over RFR land
Interpretation
120: Interpretation
In this subpart and Schedule 3 approving Ngāti Hāua legislation approving Te Korowai o Wainuiārua legislation control
a: for a company, control of the composition of its board of directors; and
b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body
a: a Crown entity, as defined in section 7(1)
b: a State enterprise, as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of
a: means—
i: to transfer or vest the fee simple estate in the land; or
ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
b: to avoid doubt, does not include—
i: to mortgage, or give a security interest in, the land; or
ii: to grant an easement over the land; or
iii: to consent to an assignment of a lease, or to a sublease, of the land; or
iv: to remove an improvement, a fixture, or a fitting from the land expiry date sections 124(2)﻿(a) 125 Ngāti Hāua governance entity notice offer section 124 offer trust
a: for exclusive RFR land, the Te Kāhui Maru Trust: Te Iwi o Maruwharanui:
b: for shared RFR land,—
i: the Te Kāhui Maru Trust: Te Iwi o Maruwharanui; and
ii: a governance entity established by Te Korowai o Wainuiārua, but only if the settlement date under the approving Te Korowai o Wainuiārua legislation has occurred; and
iii: a governance entity established by Ngāti Hāua, but only if the settlement date under the approving Ngāti Hāua legislation has occurred:
c: for the Tahora Bus Stop property,—
i: the Te Kāhui Maru Trust: Te Iwi o Maruwharanui; and
ii: a governance entity established by Te Korowai o Wainuiārua, but only on and from the settlement date defined in the approving Te Korowai o Wainuiārua legislation public work section 2 recipient trust
a: for exclusive RFR land, the Te Kāhui Maru Trust: Te Iwi o Maruwharanui; and
b: for shared RFR land or the Tahora Bus Stop property, the offer trust whose trustees accept an offer to dispose of the land under section 127 related company section 2(3) relevant approving legislation RFR date
a: the exclusive RFR land; and
b: the shared RFR land; and
c: the Tahora Bus Stop property RFR land section 122 RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 130(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the RFR date for that land; or
ii: after the RFR date for that land, under section 131(1) RFR period
a: for exclusive RFR land, the period of 180 years on and from the settlement date; and
b: for shared RFR land, the period of 180 years on and from the earlier of—
i: the date that is 36 months after the settlement date under this Act; and
ii: the later of the settlement dates under the relevant approving legislation; and
c: for the Tahora Bus Stop property, the period of 180 years on and from the earlier of—
i: the date that is 36 months after the settlement date under this Act; and
ii: the settlement date under the approving Te Korowai o Wainuiārua legislation shared RFR land
a: the land described in part 5 of the attachments that on the RFR date for that land—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title from the Crown and that would, on the application of section 25 27
b: any land obtained in exchange for a disposal of the land described in paragraph (a) under section 135(1)﻿(c) 136 subsidiary section 5 Tahora Bus Stop property
a: the land described in part 6 of the attachments if, on the RFR date for that land,—
i: the land is vested in the Crown; or
ii: the land is held in fee simple by the Crown; and
b: any land obtained in exchange for a disposal of the Tahora Bus Stop property under section 135(1)﻿(c) 136 Te Korowai o Wainuiārua governance entity
121: Meaning of exclusive RFR land
In this subpart, exclusive RFR land
a: the land described in part 4 of the attachments that, on the settlement date,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown or the following Crown bodies:
A: Kāinga Ora–Homes and Communities:
B: Fire and Emergency New Zealand:
C: New Zealand Railways Corporation; or
iii: is a reserve vested in an administering body that derived title from the Crown and that would, on the application of section 25 27
b: the land that is within the exclusive RFR area that on the settlement date,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title from the Crown and that would, on the application of section 25 27
c: any land obtained in exchange for a disposal of the land described in paragraphs (a) and (b) under section 135(1)﻿(c) 136
122: Meaning of RFR land
1: In this subpart, RFR land
a: exclusive RFR land; and
b: shared RFR land; and
c: the Tahora Bus Stop property.
2: RFR land does not include the licensed land.
3: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under section 107 section 128
ii: any other person (including the Crown or a Crown body) under section 123(d)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 132 to 138
ii: under any matter referred to in section 139(1)
c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 148
d: the RFR period for the land ends. Restrictions on disposal of RFR land
123: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of—
a: under any of sections 129 to 138
b: under any matter referred to in section 139(1)
c: in accordance with a waiver or variation given under section 148
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust if the offer to those trustees was—
i: made in accordance with section 124
ii: made on terms that were the same as, or more favourable to those trustees than, the terms of the disposal to the person; and
iii: not withdrawn under section 126
iv: not accepted under section 127 Right of first refusal for trustees of offer trusts
124: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be by notice to the trustees of the 1 or more offer trusts, as the case requires.
2: The notice must include—
a: the terms of the offer, including its expiry date; and
b: the legal description of the land, including any interests affecting it, and the reference for any record of title for the land; and
c: a statement that identifies the RFR land as exclusive RFR land, shared RFR land, or the Tahora Bus Stop Property; and
d: a street address for the land (if applicable); and
e: a street address, postal address, and fax number or electronic address for the trustees of an offer trust to give notices to the RFR landowner in relation to the offer.
125: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if—
a: those trustees received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
3: For an offer of shared RFR land or the Tahora Bus Stop property, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 124(1) section 127(4)
126: Withdrawal of offer
The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted.
127: Acceptance of offer
1: The trustees of an offer trust may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less.
3: In the case of an offer of shared RFR land or the Tahora Bus Stop property, if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust, the offer is accepted.
4: In the case of an offer of shared RFR land or the Tahora Bus Stop property, if, at the end of the expiry date specified in the notice of offer given under section 124(1)
a: specifying the offer trusts from whose trustees acceptance notices have been received; and
b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner’s notice is received under this subsection.
128: Formation of contract
1: If the trustees of an offer trust accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and those trustees on the terms in the offer.
2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust.
3: Under the contract, the trustees of the recipient trust may nominate any person (the nominee
4: The trustees of the recipient trust may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If the trustees of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract. Disposals to others where land remains RFR land
129: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563
130: Disposal of existing public works to local authorities
1: An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
131: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land
132: Disposal in accordance with obligations under enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
133: Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the relevant RFR date; or
ii: was conditional before the relevant RFR date but became unconditional on or after the relevant RFR date; or
iii: arose after the exercise (whether before, on, or after the relevant RFR date) of an option existing before the relevant RFR date; or
b: the requirements, existing before the relevant RFR date, of a gift, an endowment, or a trust relating to the land.
134: Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 34 43 44
c: section 355(3)
d: an Act that—
i: excludes the land from a national park within the meaning of the National Parks Act 1980
ii: authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977
135: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)﻿(a)
d: section 117(3)﻿(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Māori Land Court under section 134 section 41(1)﻿(e)
136: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
137: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
138: Disposal to tenants
The Crown may dispose of RFR land,—
a: if the land was held on the relevant RFR date for education purposes, to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the relevant RFR date; or
ii: on or after the relevant RFR date under a right of renewal in a lease granted before the relevant RFR date; or
c: under section 93(4) RFR landowner obligations
139: RFR landowner’s obligations subject to other matters
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps subsection (1)﻿(b)﻿(ii) Notices about RFR land
140: Notice to LINZ of RFR land with record of title after RFR date
1: If a record of title is first created for RFR land after the relevant RFR date, the RFR landowner must give the chief executive of LINZ notice that the record of title has been created.
2: If land for which there is a record of title becomes RFR land after the relevant RFR date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a record of title is first created for the RFR land or after the land becomes RFR land.
4: The notice must include the legal description of the land and the reference for the record of title.
141: Notice to trustees of offer trusts of disposal of RFR land to others
1: An RFR landowner must give the trustees of the 1 or more offer trusts, as the case requires, notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee.
2: The notice must be given on or before the date that is 20 working days before the day of the disposal.
3: The notice must include—
a: the legal description of the land, including any interests affecting it; and
b: the reference for any record of title for the land; and
c: the street address for the land (if applicable); and
d: the name of the person to whom the land is being disposed of; and
e: an explanation of how the disposal complies with section 123
f: if the disposal is to be made under section 123(d)
142: Notice to LINZ of land ceasing to be RFR land
1: Subsections (2) and (3) apply if land contained in a record of title is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under section 107 section 128
ii: any other person (including the Crown or a Crown body) under section 123(d)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 132 to 138
ii: under any matter referred to in section 139(1)
c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 148
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must include—
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: the details of the transfer or vesting of the land.
143: Notice to be given if disposal of shared RFR land or Tahora Bus Stop property being considered
1: This section applies if an RFR landowner is considering whether to dispose of shared RFR land or the Tahora Bus Stop property in a way that may require an offer under this subpart.
2: The RFR landowner must give notice to the trustees of the 1 or more offer trusts that, if the landowner decides to dispose of the land, the landowner may be required to offer the land to the trustees of 1 or more offer trusts under this subpart.
3: The notice must be given immediately before the RFR landowner commences the processes under any of the following provisions, as relevant:
a: section 52
b: section 23
c: section 40
d: any other enactment that regulates or applies to the disposal of the land.
4: The notice must—
a: specify the legal description of the land; and
b: identify any record of title that contains the land; and
c: specify the street address for the land or, if it does not have a street address, include a description or a diagram with enough information to enable a person not familiar with the land to locate it.
5: To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
a: section 564(3) sections 40 to 42 Education and Training Act 2020
b: sections 23(1) 24(4)
c: section 40
6: In this section, dispose of
144: Notice requirements
Schedule 3
a: an RFR landowner; or
b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on records of title
145: Right of first refusal to be recorded on records of title for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the records of title for,—
a: the RFR land for which there is a record of title on the relevant RFR date; and
b: the RFR land for which a record of title is first created after the relevant RFR date; and
c: land for which there is a record of title that becomes RFR land after the relevant RFR date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the relevant RFR date, for RFR land for which there is a record of title on the relevant RFR date; or
b: after receiving a notice under section 140
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts, as the case requires, as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each record of title for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 122
b: subject to this subpart (which restricts disposal, including leasing, of the land).
146: Removal of notations when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 142(2)
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: the details of the transfer or vesting of the land; and
d: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts, as the case requires, as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, the Registrar-General must, immediately before registering the transfer or vesting described in the certificate, remove from the record of title identified in the certificate any notation recorded under section 145
147: Removal of notations when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
a: the reference for each record of title for that RFR land that still has a notation recorded under section 145
b: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts, as the case requires, as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notation recorded under section 145 General provisions applying to right of first refusal
148: Waiver and variation
1: The trustees of an offer trust may, by notice to an RFR landowner, waive any or all of the rights they have in relation to the landowner under this subpart.
2: The trustees of an offer trust and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
149: Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
150: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if the RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional document; and
b: has given the notices required by subsection (2).
2: The RFR holder must give notices to each RFR landowner that—
a: state that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specify the date of the assignment; and
c: specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specify the street address, postal address, and fax number or electronic address for notices to the assignees.
3: This subpart and Schedule 3
4: In this section,— constitutional document RFR holder
a: they are the trustees of that offer trust; or
b: they have previously been assigned those rights and obligations under this section.